Well, if you wondered if tensions were going to deescalate between former collaborators and childhood friends Tony Moore and Robert Kirkman after Moore filed a suit to collect what he alleges are his fair share of the profits from the Walking Dead comics and TV show, the answer is “HELL NO.” Moore has actually filed a SECOND suit claiming that he should be named joint author of THE WALKING DEAD, BATTLE POPE, BRIT, DEAD PLANET and MY NAME IS ABRAHAM. (The latter two are comics as yet unpublished but developed by the two when they were friends.)
In a lawsuit filed Tuesday in US District Court, Moore came out swinging with Lucille:
Kirkman is a proud liar and fraudster who freely admits that he has no qualms 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).
At issue is Moore’s claim that he and Kirkman co-created all the works in question back when they were friendly collaborators, and that Kirkman fraudulently removed Moore’s name as co-copyright holed after the proofs of the first issue of THE WALKING DEAD had been turned in. Moore claims he was listed as the co-copyright holder in the proofs he saw but when the printed issues came out, Kirkman was the sole copyright holder—however, he didn’t notice this until August 2005. (THE WALKING DEAD debuted in the innocent year of 2003.)
Moore also claims that he was coerced into signing an agreement to transfer all of his copyright interests in THE WALKING DEAD to Kirkman so that a TV deal could be signed. As we’ve noted before, this is fairly standard in getting TV or film deals exactly because of these kinds of rights disputes—studios don’t want to deal with a bunch of warring copyright holders. However, Moore claims that this was all part of a swindle to get him removed.
The lawsuit seems to stem from the earlier one, in that as agreements between Moore and Kirkman for the monies to be received are already in existence, in order to get the piece of the pie he feels he is due, Moore must sue for his co-creator status. And as we’ve seen time and time again, that is where things get messier and messier in this comic book business.
Although Kirkman has yet to respond publicly to this lawsuit, he issued a statement on the first one, which was filed back in February, which stated that Moore was being paid what he was due under agreements that had been signed seven years prior.
You can read the entire new filing below.
Heidi MacDonald is the founder and editor in chief of The Beat. In the past, she worked for Disney, DC Comics, Fox and Publishers Weekly. She can be heard regularly on the More To Come Podcast. She likes coffee, cats and noble struggle.