Incarcerated Entertainment LLC et al v. Cox

Filing 113

FINAL JUDGMENT. JUDGMENT in favor of Incarcerated Entertainment LLC, Efraim Diveroli against Matthew Bevan Cox. Diveroli agreed to pay Cox $500 upfront. In exchange, Cox would be entitled to: (1) Ten percent (10%) of gross royalties ac tually received directly by Subject/Author [Diveroli] or any business or corporation set up to receive income from the sale, license, or disposition of the Work [IE]; and (2) Five percent (5%) of gross royalties actually received directly by Sub ject/Author [Diveroli] or any business or corporation set up to receive income for the sale, license or disposition of any derivatives and/or ancillary products developed from the Work. Cox has no other legal entitlement related to the intellectual p roperty or other property of IE and/or Diveroli. As the prevailing parties in this lawsuit, IE and Warner are entitled to an award of costs under Federal Rule of Civil Procedure 54(d). Signed by Judge Robert N. Scola, Jr on 10/2/2019. See attached document for full details. (amb)

United States District Court
for the
Southern District of Florida
Incarcerated Entertainment, LLC,
and Efraim Diveroli, Plaintiff,
v.
Matthew Bevan Cox, Defendant/
Counter-Plaintiff

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Civil Action No. 18-21991-Civ-Scola
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Final Judgment
The Court has granted summary judgment. (Order, ECF No. 111.) The
Court now enters judgment in favor of the Plaintiffs Incarcerated Entertainment,
LLC (“IE”) and Efraim Diveroli and against Defendant Matthew Bevan Cox, as
required by Federal Rule of Civil Procedure 58. Accordingly, it is ORDERED AND
ADJUDGED as follows.
The Court grants the Plaintiffs’ request for declaratory judgment in Count
I and declares the following:
a. The exclusive controlling document between IE and Cox is the April 8,
2013 Work-For-Hire Co-Author Agreement (the “Agreement”), and under
this Agreement, IE exclusively owns any copyright associated with the
Book. Cox has no right, title, or interest of any kind or nature whatsoever
in the Book or right to receive any compensation whatsoever except as
provided in the Agreement. The Agreement has valid consideration.
Diveroli agreed to pay Cox $500 upfront. In exchange, Cox would be
entitled to: (1) Ten percent (10%) of gross royalties actually received
directly by Subject/Author [Diveroli] or any business or corporation set up
to receive income from the sale, license, or disposition of the Work [IE];
and (2) Five percent (5%) of gross royalties actually received directly by
Subject/Author [Diveroli] or any business or corporation set up to receive
income for the sale, license or disposition of any derivatives and/or
ancillary products developed from the Work. Cox has no other legal
entitlement related to the intellectual property or other property of IE
and/or Diveroli.
b. As the prevailing parties in this lawsuit, IE and Warner are entitled to an
award of costs under Federal Rule of Civil Procedure 54(d).
The Court directs the Clerk to close this case.

Done and ordered at Miami, Florida, on October 2, 2019.

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Robert N. Scola, Jr.
United States District Judge