Monday, May 9, 2011

Teen Who Created OMGFacts Twitter Feed Sues Claiming Swindle (Exclusive)

A story of the times: Teenager creates Twitter feed, OMGFacts, which publishes titillating tidbits about celebrities and pop culture. His tweets become so popular that he's approached by a digital development company that wishes to transform teenager's millions of followers into a lucrative entertainment channel on YouTube with merchandising potential. Now, the mother of the teenager is suing, saying OMGFacts' creator, Adorian Deck, has only gotten $100 for his efforts, while the company,?Spartz, Inc., has grabbed control of the intellectual property.

In the years that Twitter has burgeoned into a popular social media platform, it has also become a good place for creative people to showcase their talent, leading to one Hollywood development deal after another.?No surprise then that the "Twitter Gold Rush" has prompted the same kind of copyright and accounting battles often seen in La-La Land.

According to a complaint filed by the Deck family in federal court yesterday, Adorian Deck, who turns 21 next month, created?OMGFacts?in 2009. The Twitter feed is now approaching two million followers with amusing factoids like, "J.K. Rowling chose the unusual name 'Hermione' so young girls wouldn?t be teased for being nerdy!" and "Weezer's first gig was opening for Keanu Reeves' band."

The Decks say that in February, 2010, they were approached by?Emerson Spartz, who?sought permission to commence running a web site and YouTube channel utilizing?the trademark. The parties signed a joint partnership agreement, which Deck now says "turned out to be nothing more than an?artifice of self-dealing."

The deal is said to have entitled Deck to profits for merchandising and a share of YouTube revenue, but allegedly didn't require Spartz to disclose those revenues. The contract is also said to have assigned Spartz Inc.??any copyright in any existing or future works." for OMGFacts.

Having only gotten a paltry $100 for his efforts, Deck is attempting to cancel the contract as "unconscionable and unenforceable," particularly because Adorian Deck was a minor. Deck is asking a judge for declaratory relief plus damages for unfair competition and false advertising.

Spartz hasn't responded yet to requests for comment.

E-mail: eriqgardner@yahoo.com

Twitter: @eriqgardner


Source: http://feedproxy.google.com/~r/THREsquire/~3/H_hawG5uXbM/teen-who-created-omgfacts-twitter-182620

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