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Boosey and Hawkes V Walt Disney
Boosey and Hawkes V Walt Disney
WALT
DISNEY CO.
145 F.3d 481 (1998)
Date: April 30, 1998
Ponente: Leval
RECIT READY:
Boosey & Hawkes owned the copyright to Igor Stravinskys
The Rites of Spring, which was featured in the movie
Fantasia. Although Stravinskys work had already entered
the public domain in the United States, Disney decided to
obtain a license in order to distribute the movie in countries
where Stravinskys works were still protected by
copyright. When Disney subsequently distributed video
recordings of Fantasia, Boosey & Hawkes sued on the
ground that the distribution violated the terms of the
license. The Court ruled that the basic terms of Disney's
license is broad enough to include the right to record and
distribute Fantasia in video format.
FACTS:
This case involves a musical composition by Igor Stravinsky,
"Le Sacre De Printemps," also known as "The Rite of Spring."
Plaintiff is the assignee of Stravinsky's rights to "The Rite of
Spring," pursuant to an agreement entered into in 1947.
During 1938, Disney sought Stravinsky's authorization to
use The Rite of Spring (sometimes referred to as the work
or the composition) throughout the world in a motion
picture. Because under United States law the work was in
the public domain, Disney needed no authorization to record
or distribute it in this country, but permission was required
for distribution in countries where Stravinsky enjoyed
copyright protection.
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