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Donna Corbello has filed a complaint in U.S. District Court for the Eastern District of Texas seeking a declaratory judgment to enforce a contract between DeVito, who
lives in Las Vegas, and her late husband. Corbello, now living near Georgetown, TX, also seeks an equitable accounting of any profits derived from or obtained through DeVito's 'exploitation' of the work.
Corbello seeks a declaratory judgment that: the work is a joint work under 17 U.S.C. Sec. 101; she is joint owner of it under 17 U.S.C. Sec. 201(d) and may exploit the work independently of DeVito; Woodard was a co-author of the work and a co-claimant to copyrights under 17 U.S.C. Sec. 201(a); his contribution and ownership must be recognized by the U.S. Copyright Office; and that DeVito must account for all profits arising directly or indirectly from the work. Corbello seeks a minimum of $5 million in actual damages.
'The parties had a contract, but there is [also] copyright law,' says Corbello's attorney, Gregory H. Guillot, a Dallas solo practitioner. Jay Julien, an entertainment attorney in New York City who represents DeVito, declined comment, saying he hadn't seen a copy of the complaint in Corbello v. DeVito.
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