During the battles, Universal discovered that the copyright of the Lovelace novelization had expired without renewal, thus making the "King Kong" story a public domain one. Universal argued that they should be able to make a movie based on the novel without infringing on anyone's copyright because the characters in the story were in the public domain within the context of the public domain story. Richard Cooper then filed a cross-claim against RKO claiming that, while the publishing rights to the novel had not been renewed, his estate still had control over the plot/story of King Kong.