Update: "Walking Dead" Creator Robert Kirkman Settles Lawsuit w/ Childhood Pal - Sitcoms Online Message Boards

JamesG · 02-09-2012, 10:49 PM

"Walking Dead" War: Creator Robert Kirkman Sued By Collaborator (Exclusive)
2/9/2012
by Matthew Belloni

Robert Kirkman, the famed comic book writer who helped create AMC's hit zombie series "The Walking Dead", has been sued by a childhood friend and collaborator who claims he is entited to as much as half the proceeds from the lucrative franchise.

Michael Anthony ("Tony") Moore, a fellow comic book artist, filed suit Thursday in Los Angeles Superior Court. In the complaint, a copy of which was obtained by THR, Moore says he was duped into assigning his interest in the material over to Kirkman, who has since gone on to fame and fortune.

Moore, on the other hand, has received very little compensation and has not be able to access profit statements from propoerties including "Walking Dead", he says.

"Each of these works was prepared by Moore and Kirkman with the intention that their contributions be merged into inseparable or independent parts of a unitary whole," the complaint states. "Moore and Kirkman were thus joint authors and co-owners of the copyrights in these works."

Kirkman and Moore were apparently good friends and collaborators for many years before Kirkman became a big-time name as a creator and writer of "Walking Dead", which has become the highest-rated series on cable TV.

Moore claims that in 2005, Kirkman and his agents devised a scheme to fraudulently induce him to assign his copyright interests over to Kirkman's company.

Moore, who grew up with Kirkman and worked together on several projects, claims he signed a deal granting him 60 percent of "Comic Publishing Net Proceeds" in connection with "Walking Dead" and another project called "Brit"; 20 percent of "motion picture net proceeds" in connection with "Walking Dead" and "Brit"; and 50 percent of "motion picture net proceeds" from another project called "Battle Pope".

But Moore says he hasn't received much revenue or any profit statements from Kirkman or his company, despite the success of his projects.

"Indeed, they have not issued a single statement or allowed access to their books and records in accordance with the reporting obligations of the agreement," the complaint alleges.

Moore claims he was told in 2005 by Kirkman that a big TV deal was on the table but "that Kirkman would not be able to complete the deal unless Moore assigned all of his interest in the 'Walking Dead 'and other works to Kirkman," according to the complaint.

Thinking the deal would fall apart, Moore signed the contract, he says, allowing Kirkman to "swindle" him out of his 50 percent interest in the copyright and never intending to pay him his share of royalties.

"The Walking Dead" premiered on AMC on Halloween 2010 and has since become basic cable's highest-rated series, drawing as many as 7.3 million viewers.

The suit, filed by Devin McRae, William Wright and Mary Gordon at LA's Early Sullivan Wright Gizer McRae firm, alleges causes of action for promissory fraud, breach of written contract, breach of implied covenant of good faith and fair dealing, money had an received and accounting.

Kirkman's attorney Allen Grodzky tells THR that the case is "totally frivolous. Mr. Moore is owed no money at all. And Mr. Moore's contract has an attorneys' fees clause in it so we will be going after him to collect attorneys fees. We are taking this matter very seriously."

http://www.hollywoodreporter.com/thr...-robert-288671

JamesG · 02-11-2012, 02:55 AM

"Walking Dead" Creator Robert Kirkman Responds to Fraud Lawsuit
2/10/2012
by Matthew Belloni

Robert Kirkman, the comic book writer who created "The Walking Dead" and the hit AMC television series by the same name, is firing back at the lawsuit filed Thursday by childhood friend and collaborator Tony Moore, who claims he was duped into signing away his rights to the lucrative franchise.

In a statement to The Hollywood Reporter, Kirkman, repped by attorney Allen Grodsky, writes:

"The lawsuit is ridiculous, we each had legal representation seven years ago and now he is violating the same contract he initiated and approved and he wants to misrepresent the fees he was paid and continues to be paid for the work he was hired to do.

Tony regularly receives payment for the work he did as penciler, inker and for gray tones on the first six issues of 'The Walking Dead' comic series and he receives royalties for the TV show, to assert otherwise is simply incorrect."

Kirkman also provided images of the first few editions of "The Walking Dead" comic that label him as creator and Moore as "penciler, inker, gray tones."

http://www.hollywoodreporter.com/thr...kirkman-289308

JamesG · 08-08-2012, 04:37 PM

Walking Dead Creator Hit With Second Lawsuit Claiming Co-Ownership
8/8/2012
by Eriq Gardner

Comic book writer Robert Kirkman is being attacked on a new front in litigation over AMC's hit zombie series "The Walking Dead".

In February, Kirkman was sued in California state court by Michael Anthony Moore, a childhood friend and collaborator who claimed to be entitled to as much as half the proceeds from the franchise.

Moore now has followed up on this still-pending case with a new lawsuit, this time filed on Tuesday in federal court, which seeks a declaratory judgment that Moore is a joint author of The Walking Dead and other works. If successful, Moore could create quite a headache for Kirkman and others involved with the show.

In the original lawsuit, Moore alleged that in 2005, Kirkman and his agents fraudulently induced him to assign his copyright interests over to Kirkman's company. Moore contended that his deal entitles him to 60 percent of "Comic Publishing Net Proceeds" in connection with Walking Dead and 20 percent of "motion picture net proceeds."

Moore also said he was given an interest in other projects.

Moore's February suit in state court claimed promissory fraud, breach of written contract, breach of implied covenant of good faith and fair dealing. He argued that he had never received much revenue nor any profit statements.

He also demanded a rescission of the copyright assignment.

In March, Kirkman filed a countersuit against Moore that stated he had actually overpaid Moore for his work and was entitled to money back. Kirkman also filed counterclaims on the premise that Moore had breached the confidentiality provision of their contract.

Moore is unhappy with how the lawsuit has been playing out so far.

"Kirkman is a proud liar and fraudster who freely admits that he has no qualm about misrepresenting material facts in order to consummate business transactions, and it is precisely that illicit conduct which led to the present lawsuit (and to Kirkman's business 'success' generally)," says Moore in his Tuesday lawsuit.

The new filing was prompted after arguments in the discovery stage over what documents Moore is entitled to get.

In late April, Moore filed a business records subpoena on Image Comics, which distributes Kirkman's comics and according to documents, is now owned by the Walking Dead creator. Moore sought info on Kirkman's relationship with the company, Kirkman's compensation and further communications to butress the larger claims of fraud.

Image objected, according to court records, on grounds that Moore shouldn't have any documents that went outside potential royalties owed, which in its view only concerned eight comic books. Image further contended that Moore was precluded from anything more because copyright disputes should be brough in federal court.

At first, Moore's side objected to what it saw as a "recast" of their claims into a limited royalties fight and asked a judge to intervene. His attorneys believe that the dispute is much larger and entails the theft of intellectual property rights "from inception to the present," and that Moore is entitled to an equal share of all profits, and thus deserves intrusive document production.

Further, since filing the lawsuit, Moore's attorneys now assert that they have learned "there was no television deal on the table" at the time that Moore relinquished his copyright share. As such, he accuses Kirkman of concealment.

Not content to wait for a state judge to determine the scope of the dispute and what documents should be produced, Moore has launched a federal lawsuit to make it clear that he means business. According to the new lawsuit:

"In order for the State Court to properly award the correct amount of money due and owing to Moore resulting from Moore's returned copyright interests, and because Defendants now dispute Moore's co-authorship status, Moore requires a judicial determination that he is a co-author of the Works."

If Moore is successful, he hints at what's to come, saying he would "then pursue his rights as a co-owner to proceeds generated from the Works," which include not just Walking Dead, but also Battle Pope, Brit, Dead Planet, and My Name is Abraham.

As a joint author, Moore would also have other advantages. Copyright law permits each co‑owner an independent right to use or nonexclusively license the work provided that he account to the other co‑owner for any profits, meaning Moore would potentially be able to license Walking Dead on his own so long as he accounted to Kirkman.

"Yes, that is definitely a possibility that (Moore) would exploit the property," says Devin McRae, Moore's attorney.

But Kirkman's attorney Allen Grodzky says the newest claims stand no chance.

"His lawyer finally realized, 'Oh crap, we filed in the wrong place,'" comments Grodsky. "Our position is that it is never going to get to that issue because he is never going to be able to show fraud, plus the statute of limitations on co-ownership has passed. Also, he's not a co-owner."

Kirkman himself was recently asked about the original lawsuit at a "Walking Dead" panel of Comic-Con International and is reported to have responded, "It's an unfortunate thing that I'm glad you asked me about. There's clearly a disagreement there and we're working through it."

http://www.hollywoodreporter.com/thr...lawsuit-359916

JamesG · 09-24-2012, 11:25 PM

"Walking Dead" Creator Robert Kirkman Settles Lawsuit Over Ownership, Royalties
9/24/2012
by Eriq Gardner

"The Walking Dead" creator Robert Kirkman has resolved a lawsuit brought by a former collaborator who accused him of leaving him for dead and walking away with profits from the lucrative franchise.

Michael "Tony" Moore, sued Kirkman in California state court in February, claiming to be entitled to has much as half the proceeds from the comic book franchise, which also includes the hit AMC series.

But both parties now jointly tell The Hollywood Reporter that they have figured out a way to kill the dispute:

"Robert Kirkman and Tony Moore are pleased to jointly announce that they have reached an amicable agreement in their respective lawsuits and all parties have settled the entire matter to everyone's mutual satisfaction. Neither side will be discussing any details but will instead happily and productively spend their time focused on their own work and move on in their lives."

http://www.hollywoodreporter.com/thr...lawsuit-373667

02-09-2012, 10:49 PM	#1
JamesG Freakshow Moderator Forum Icon Join Date: Feb 01, 2008 Location: Brooklyn, NY Posts: 57,095	Update: "Walking Dead" Creator Robert Kirkman Settles Lawsuit w/ Childhood Pal *"Walking Dead" War: Creator Robert Kirkman Sued By Collaborator (Exclusive)* 2/9/2012 by Matthew Belloni Robert Kirkman, the famed comic book writer who helped create AMC's hit zombie series "The Walking Dead", has been sued by a childhood friend and collaborator who claims he is entited to as much as half the proceeds from the lucrative franchise. Michael Anthony ("Tony") Moore, a fellow comic book artist, filed suit Thursday in Los Angeles Superior Court. In the complaint, a copy of which was obtained by THR, Moore says he was duped into assigning his interest in the material over to Kirkman, who has since gone on to fame and fortune. Moore, on the other hand, has received very little compensation and has not be able to access profit statements from propoerties including "Walking Dead", he says. "Each of these works was prepared by Moore and Kirkman with the intention that their contributions be merged into inseparable or independent parts of a unitary whole," the complaint states. "Moore and Kirkman were thus joint authors and co-owners of the copyrights in these works." Kirkman and Moore were apparently good friends and collaborators for many years before Kirkman became a big-time name as a creator and writer of "Walking Dead", which has become the highest-rated series on cable TV. Moore claims that in 2005, Kirkman and his agents devised a scheme to fraudulently induce him to assign his copyright interests over to Kirkman's company. Moore, who grew up with Kirkman and worked together on several projects, claims he signed a deal granting him 60 percent of "Comic Publishing Net Proceeds" in connection with "Walking Dead" and another project called "Brit"; 20 percent of "motion picture net proceeds" in connection with "Walking Dead" and "Brit"; and 50 percent of "motion picture net proceeds" from another project called "Battle Pope". But Moore says he hasn't received much revenue or any profit statements from Kirkman or his company, despite the success of his projects. "Indeed, they have not issued a single statement or allowed access to their books and records in accordance with the reporting obligations of the agreement," the complaint alleges. Moore claims he was told in 2005 by Kirkman that a big TV deal was on the table but "that Kirkman would not be able to complete the deal unless Moore assigned all of his interest in the 'Walking Dead 'and other works to Kirkman," according to the complaint. Thinking the deal would fall apart, Moore signed the contract, he says, allowing Kirkman to "swindle" him out of his 50 percent interest in the copyright and never intending to pay him his share of royalties. "The Walking Dead" premiered on AMC on Halloween 2010 and has since become basic cable's highest-rated series, drawing as many as 7.3 million viewers. The suit, filed by Devin McRae, William Wright and Mary Gordon at LA's Early Sullivan Wright Gizer McRae firm, alleges causes of action for promissory fraud, breach of written contract, breach of implied covenant of good faith and fair dealing, money had an received and accounting. Kirkman's attorney Allen Grodzky tells THR that the case is "totally frivolous. Mr. Moore is owed no money at all. And Mr. Moore's contract has an attorneys' fees clause in it so we will be going after him to collect attorneys fees. We are taking this matter very seriously." http://www.hollywoodreporter.com/thr...-robert-288671
	Last edited by JamesG; 09-24-2012 at 11:22 PM.

02-11-2012, 02:55 AM	#2
JamesG Freakshow Moderator Forum Icon Join Date: Feb 01, 2008 Location: Brooklyn, NY Posts: 57,095	*"Walking Dead" Creator Robert Kirkman Responds to Fraud Lawsuit* 2/10/2012 by Matthew Belloni Robert Kirkman, the comic book writer who created "The Walking Dead" and the hit AMC television series by the same name, is firing back at the lawsuit filed Thursday by childhood friend and collaborator Tony Moore, who claims he was duped into signing away his rights to the lucrative franchise. In a statement to The Hollywood Reporter, Kirkman, repped by attorney Allen Grodsky, writes: "The lawsuit is ridiculous, we each had legal representation seven years ago and now he is violating the same contract he initiated and approved and he wants to misrepresent the fees he was paid and continues to be paid for the work he was hired to do. Tony regularly receives payment for the work he did as penciler, inker and for gray tones on the first six issues of 'The Walking Dead' comic series and he receives royalties for the TV show, to assert otherwise is simply incorrect." Kirkman also provided images of the first few editions of "The Walking Dead" comic that label him as creator and Moore as "penciler, inker, gray tones." http://www.hollywoodreporter.com/thr...kirkman-289308

08-08-2012, 04:37 PM	#3
JamesG Freakshow Moderator Forum Icon Join Date: Feb 01, 2008 Location: Brooklyn, NY Posts: 57,095	Walking Dead Creator Hit With Second Lawsuit Claiming Co-Ownership 8/8/2012 by Eriq Gardner Comic book writer Robert Kirkman is being attacked on a new front in litigation over AMC's hit zombie series "The Walking Dead". In February, Kirkman was sued in California state court by Michael Anthony Moore, a childhood friend and collaborator who claimed to be entitled to as much as half the proceeds from the franchise. Moore now has followed up on this still-pending case with a new lawsuit, this time filed on Tuesday in federal court, which seeks a declaratory judgment that Moore is a joint author of The Walking Dead and other works. If successful, Moore could create quite a headache for Kirkman and others involved with the show. In the original lawsuit, Moore alleged that in 2005, Kirkman and his agents fraudulently induced him to assign his copyright interests over to Kirkman's company. Moore contended that his deal entitles him to 60 percent of "Comic Publishing Net Proceeds" in connection with Walking Dead and 20 percent of "motion picture net proceeds." Moore also said he was given an interest in other projects. Moore's February suit in state court claimed promissory fraud, breach of written contract, breach of implied covenant of good faith and fair dealing. He argued that he had never received much revenue nor any profit statements. He also demanded a rescission of the copyright assignment. In March, Kirkman filed a countersuit against Moore that stated he had actually overpaid Moore for his work and was entitled to money back. Kirkman also filed counterclaims on the premise that Moore had breached the confidentiality provision of their contract. Moore is unhappy with how the lawsuit has been playing out so far. "Kirkman is a proud liar and fraudster who freely admits that he has no qualm about misrepresenting material facts in order to consummate business transactions, and it is precisely that illicit conduct which led to the present lawsuit (and to Kirkman's business 'success' generally)," says Moore in his Tuesday lawsuit. The new filing was prompted after arguments in the discovery stage over what documents Moore is entitled to get. In late April, Moore filed a business records subpoena on Image Comics, which distributes Kirkman's comics and according to documents, is now owned by the Walking Dead creator. Moore sought info on Kirkman's relationship with the company, Kirkman's compensation and further communications to butress the larger claims of fraud. Image objected, according to court records, on grounds that Moore shouldn't have any documents that went outside potential royalties owed, which in its view only concerned eight comic books. Image further contended that Moore was precluded from anything more because copyright disputes should be brough in federal court. At first, Moore's side objected to what it saw as a "recast" of their claims into a limited royalties fight and asked a judge to intervene. His attorneys believe that the dispute is much larger and entails the theft of intellectual property rights "from inception to the present," and that Moore is entitled to an equal share of all profits, and thus deserves intrusive document production. Further, since filing the lawsuit, Moore's attorneys now assert that they have learned "there was no television deal on the table" at the time that Moore relinquished his copyright share. As such, he accuses Kirkman of concealment. Not content to wait for a state judge to determine the scope of the dispute and what documents should be produced, Moore has launched a federal lawsuit to make it clear that he means business. According to the new lawsuit: "In order for the State Court to properly award the correct amount of money due and owing to Moore resulting from Moore's returned copyright interests, and because Defendants now dispute Moore's co-authorship status, Moore requires a judicial determination that he is a co-author of the Works." If Moore is successful, he hints at what's to come, saying he would "then pursue his rights as a co-owner to proceeds generated from the Works," which include not just Walking Dead, but also Battle Pope, Brit, Dead Planet, and My Name is Abraham. As a joint author, Moore would also have other advantages. Copyright law permits each co‑owner an independent right to use or nonexclusively license the work provided that he account to the other co‑owner for any profits, meaning Moore would potentially be able to license Walking Dead on his own so long as he accounted to Kirkman. "Yes, that is definitely a possibility that (Moore) would exploit the property," says Devin McRae, Moore's attorney. But Kirkman's attorney Allen Grodzky says the newest claims stand no chance. "His lawyer finally realized, 'Oh crap, we filed in the wrong place,'" comments Grodsky. "Our position is that it is never going to get to that issue because he is never going to be able to show fraud, plus the statute of limitations on co-ownership has passed. Also, he's not a co-owner." Kirkman himself was recently asked about the original lawsuit at a "Walking Dead" panel of Comic-Con International and is reported to have responded, "It's an unfortunate thing that I'm glad you asked me about. There's clearly a disagreement there and we're working through it." http://www.hollywoodreporter.com/thr...lawsuit-359916

09-24-2012, 11:25 PM	#4
JamesG Freakshow Moderator Forum Icon Join Date: Feb 01, 2008 Location: Brooklyn, NY Posts: 57,095	*"Walking Dead" Creator Robert Kirkman Settles Lawsuit Over Ownership, Royalties* 9/24/2012 by Eriq Gardner "The Walking Dead" creator Robert Kirkman has resolved a lawsuit brought by a former collaborator who accused him of leaving him for dead and walking away with profits from the lucrative franchise. Michael "Tony" Moore, sued Kirkman in California state court in February, claiming to be entitled to has much as half the proceeds from the comic book franchise, which also includes the hit AMC series. But both parties now jointly tell The Hollywood Reporter that they have figured out a way to kill the dispute: "Robert Kirkman and Tony Moore are pleased to jointly announce that they have reached an amicable agreement in their respective lawsuits and all parties have settled the entire matter to everyone's mutual satisfaction. Neither side will be discussing any details but will instead happily and productively spend their time focused on their own work and move on in their lives." http://www.hollywoodreporter.com/thr...lawsuit-373667