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Tony Moore Sues Robert Kirkman over Walking Dead Proceeds

Started by DomUga,

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DomUga

DomUga

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http://www.comicbookresources.com/?page=article&id=36911

 

Robert Kirkman's longtime collaborator and childhood friend Tony Moore is suing "The Walking Dead" co-creator over the proceeds for the wildly successful zombie property. According to The Hollywood Reporter, Moore filed suit today, claiming he was duped into signing his interest in "The Walking Dead" over to Kirkman in 2005. Moore co-created and launched "The Walking Dead" comic at Image Comics with Robert Kirkman in 2003, serving as ongoing artist from issues #1-6 before current artist Charlie Adlard took over. Moore provided cover art for "The Walking Dead" until issue #24 and also collaborated with Kirkman on "Battle Pope" and "Brit."

 

In the complaint, Moore alleges he initially signed a deal with Kirkman which would entitle Moore to 60 percent of "Comic Publishing Net Proceeds" and 20 percent of "motion picture net proceeds" for "The Walking Dead" and "Brit;" and 50 percent of "motion picture net proceeds" from "Battle Pope." In 2005, Moore claims he was informed by Kirkman a television deal for "The Walking Dead" was on the table, but "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," Moore signed the contract, believing the deal would not go through and claims Kirkman was attempting to "swindle" him out of his 50 percent interest in "The Walking Dead's" "motion picture net proceeds."

 

"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."

 

Moore's complaint further alleges Kirkman and his company "have not issued a single statement or allowed access to their books and records in accordance with the reporting obligations of the agreement."

 

AMC's "The Walking Dead" launched in October 2010 to critical acclaim. The second season of the show premiered in October 2011 and its mid-season premiere, "Nebraska," airs this Sunday, February 12 on AMC. The show has become basic cable's highest-rated series, boasting as many as 7.3 million viewers. The trade paperback collections of the comic are a constant bestseller according to Diamond's monthly sales statistics, with "The Walking Dead" Volume 1 selling over 4,000 units in January 2012. The ongoing series is fast approaching its 100th issue, with "The Walking Dead" #94 in stores on February 29.

 

Kirkman's lawer Allen Grodzky called the lawsuit "totally frivolous," further stating, "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."

 

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Nico Esq

Nico Esq

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I love how corporate defense attorney's posture. I'll be shocked if Moore doesn't walk away with a settlement. It would be really interesting to see the contracts and the Complaint. If anyone finds a link for these documents, please post them. Thanks!

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comix4fun

comix4fun

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Yea, you kind of expect something like this to happen.

+1 Especially considering how conscious Moore is about getting maximum profit from his work.

 

 

And considering this was a baby born of both creators.

 

 

It's not one of those fuzzy situations where there can be a claim someone else was actually the creator.

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comix4fun

comix4fun

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Yea, you kind of expect something like this to happen.

+1 Especially considering how conscious Moore is about getting maximum profit from his work.

 

He should have never left WD, how do you get duped (shrug)

 

 

Leaving wasn't his choice. Adlard was able to work faster on interiors.

 

Regardless, his leaving the book or staying on the book has nothing to do with whether he was a co-creator of the title and characters and whether or not he held rights to the same.

 

 

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BigLeagueCHEW

BigLeagueCHEW

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Yea, you kind of expect something like this to happen.

+1 Especially considering how conscious Moore is about getting maximum profit from his work.

 

He should have never left WD, how do you get duped (shrug)

 

 

Leaving wasn't his choice. Adlard was able to work faster on interiors.

 

Regardless, his leaving the book or staying on the book has nothing to do with whether he was a co-creator of the title and characters and whether or not he held rights to the same.

 

 

Kind of like Segal and Shuster no? (shrug)

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comix4fun

comix4fun

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I think he is hurting for money, all the OA for sale and now this, :facepalm:

 

:facepalm: at this speculation.

 

If I was a co-creator of a series that was one of the top rated shows on Cable and I wasn't seeing a dime of that money, and if I felt that my partner was profiting at my expense I would do the same thing, regardless of whether I NEEDED the money, it's that I would feel I was OWED the money.

 

I am not comfortable taking a complex creator's right issue and pigeon holing it into thinking it's because he's "hurting for money".

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comix4fun

comix4fun

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Yea, you kind of expect something like this to happen.

+1 Especially considering how conscious Moore is about getting maximum profit from his work.

 

He should have never left WD, how do you get duped (shrug)

 

 

Leaving wasn't his choice. Adlard was able to work faster on interiors.

 

Regardless, his leaving the book or staying on the book has nothing to do with whether he was a co-creator of the title and characters and whether or not he held rights to the same.

 

 

Kind of like Segal and Shuster no? (shrug)

 

Image comics are creator owned books, so no.

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FIREFLY

FIREFLY

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Chris, how would he be made to leave? Would it be a clause stating that if he doesn't produce, he's out through legal enforcement? It seems like he has all his rights as co-creator, but how can you give something like that up? Can one do that? If so, per the first post, isn't that what he did?

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comix4fun

comix4fun

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Chris, how would he be made to leave? Would it be a clause stating that if he doesn't produce, he's out through legal enforcement? It seems like he has all his rights as co-creator, but how can you give something like that up? Can one do that? If so, per the first post, isn't that what he did?

 

 

At the time, if I remember correctly, he was working on several projects. Some were with Kirkman, some not. He stayed to do the cover art on the WD, but the interiors went to another artist who wasn't working on other books, to keep the book on schedule. Beyond those details any explanation needs to come from Tony or Robert.

 

They had a deal for a division of rights and ownership. What happened to those rights and if there were any misleading statements made that made him relinquish those rights are the subject of the suit.

 

People can contract for anything they want. Sell or buy any rights they choose. How free a choice that is, and if those choices were made with full and honest information keep the court dockets full.

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BeerThirty

BeerThirty

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I love how corporate defense attorney's posture. I'll be shocked if Moore doesn't walk away with a settlement. It would be really interesting to see the contracts and the Complaint. If anyone finds a link for these documents, please post them. Thanks!

 

I'm thinking about using my court link account tomorrow to see if I can find it. An interwebs search has yet to yield anything.

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FIREFLY

FIREFLY

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Chris, how would he be made to leave? Would it be a clause stating that if he doesn't produce, he's out through legal enforcement? It seems like he has all his rights as co-creator, but how can you give something like that up? Can one do that? If so, per the first post, isn't that what he did?

 

 

At the time, if I remember correctly, he was working on several projects. Some were with Kirkman, some not. He stayed to do the cover art on the WD, but the interiors went to another artist who wasn't working on other books, to keep the book on schedule. Beyond those details any explanation needs to come from Tony or Robert.

 

They had a deal for a division of rights and ownership. What happened to those rights and if there were any misleading statements made that made him relinquish those rights are the subject of the suit.

 

People can contract for anything they want. Sell or buy any rights they choose. How free a choice that is, and if those choices were made with full and honest information keep the court dockets full.

 

I just don't see him giving those rights up. He's all about zombies so why would he give it up that easily? I'm sure we're only getting a speck of what's really going on. Bummer man...they've know each other for so long. What a mess.

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