What Are Copyright Termination Rights
The Copyright Act of 1976 includes a termination provision (17 U.S.C. § 203) that allows authors or their heirs to reclaim copyright ownership 35 years after transferring rights, regardless of what the original transfer contract said. This provision exists specifically to protect creators who may have sold rights for inadequate compensation when their work's ultimate value was unknown.
Miller filed his termination notice in 2016, attempting to reclaim the copyright to his original Friday the 13th screenplay from Horror Inc. and Sean Cunningham, who had produced the original film. Horror Inc. contested the termination, arguing Miller created the screenplay as a 'work for hire' -- which would make the studio the original author and eliminate Miller's termination rights.
The Work for Hire Dispute
The central legal issue was whether Miller wrote the Friday the 13th screenplay as an independent contractor (giving him author status and termination rights) or as a work made for hire (giving Cunningham's company original authorship with no termination rights available).
The Second Circuit Court of Appeals ruled in Miller's favor in 2018, finding that Miller was an independent contractor, not an employee, when he wrote the screenplay. This meant the work was not made for hire, Miller was the author, and his termination notice was valid. He regained US copyright in the screenplay.
The Resulting Complicated Rights Split
Miller's copyright reclamation created a complex rights landscape for the franchise. Miller owns copyright in the original screenplay's elements -- including the character of Jason Voorhees's mother and the original camp setting -- in the United States. Sean Cunningham retains rights in the Friday the 13th brand, the Jason Voorhees character as developed in sequels, and international rights.
This split between screenplay copyright and character/sequel rights has effectively frozen new Friday the 13th film productions, since any new major entry would require licenses from both rights holders -- who have not been able to reach a cooperation agreement. The deadlock has prevented a new Friday the 13th feature from being produced.
Legal Significance of the Case
The Miller v. Horror Inc. case is a landmark in copyright termination doctrine and is closely studied by entertainment attorneys. It establishes important precedent on the distinction between independent contractor and work-for-hire status in the film industry and on the scope of termination rights for screenplay authors.
Many other horror, science fiction, and entertainment franchise creators have invoked or are considering invoking copyright termination rights as the 35-year window opens for works created in the 1980s and 1990s. The Miller case provides the governing legal framework. Related: Celebrity intellectual property disputes.
Current Status
As of 2026, the rights dispute between Miller and Cunningham's entities continues to prevent new Friday the 13th major productions in the US. Various licensing negotiations have been reported but no deal has been publicly confirmed.
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Friday the 13th Lawsuit: Horror Franchise Copyright Dispute & Legal History: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Did Victor Miller win the Friday the 13th lawsuit?
Yes. The Second Circuit ruled in 2018 that Miller was an independent contractor who could invoke copyright termination rights to reclaim his US copyright in the original screenplay.
Why hasn't there been a new Friday the 13th movie?
The copyright split between Miller (screenplay rights in the US) and Cunningham (brand and sequel character rights) has prevented a new production requiring both rights holders to cooperate.
What is copyright termination?
Copyright termination allows authors to reclaim rights they transferred 35 years after the transfer, regardless of the original contract terms. It cannot be contracted away.
Does Victor Miller own Jason Voorhees?
Miller owns the original screenplay elements, which include the Jason Voorhees character as first depicted in the 1980 film. The later Jason incarnations (hockey mask era) are in the sequels where Cunningham has rights.
Who holds the Friday the 13th rights internationally?
International rights are generally held by the Cunningham/Horror Inc. side of the dispute, as US copyright termination rights apply only domestically.