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HORROR INC. v. MILLER

Docket No. 18-3123-cv August Term 2019.

15 F.4th 232 (2021)

HORROR INC., a Massachusetts Corporation, Manny Company, a Connecticut Limited Partnership, Plaintiffs-Counter-Defendants-Appellants, v. Victor MILLER, an Individual, Defendant-Counter-Claimant-Appellee, Does, 1 Through 10, Inclusive, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 30, 2021.

Attorney(s) appearing for the Case

Kathleen Sullivan ( Todd Anten , on the brief), Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA ( Bonnie E. Eskenazi , Julia R. Haye , Greenberg Glusker Fields Claman & Machtinger LLP, Los Angeles, CA, on the brief), for Plaintiffs-Counter-Defendants-Appellants.

Marc Toberoff , Toberoff & Associates, P.C., Malibu, CA, for Defendant-Counter-Claimant-Appellee.

Before: Walker and Carney, Circuit Judges.

This dispute concerns whether, for Copyright Act purposes, the screenwriter Victor Miller was an employee or independent contractor of the film production company Manny, Inc., in 1979, when Miller wrote the screenplay for the landmark horror film Friday the 13th, released in...

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