BOOSEY & HAWKES MUSIC PUBLISHERS, LTD. v. THE WALT DISNEY 5.

5. Where the language of a license is broad enough to include a new use,

COMPANY, 145 F.3D 481 (2D CIR. 1998) the license will cover that new medium unless specifically excluded by
Leval, J. the grantor. The license should be viewed according to ordinary contract
Aliyah Rosh Dy principles.
6. Where a contract is more reasonably read to convey one meaning, the
1. NATURE OF CASE: Ac3on seeking an interpreta3on of a license party that argues a different meaning bears the burden of nego3a3ng
agreement and damages for copyright infringement. for language that would express an agreed upon limita3on.
2. FACT SUMMARY: Boosey & Hawkes Music Publishers, Ltd. (P), the 7. Here, the plain reading of the contract and the term “mo3on picture”
assignee of copyrights for Igor Stravinsky’s “The Rite of Spring.” sought a would include a mo3on picture distributed in video format. To exclude
declara3on that a 1939 agreement gran3ng The Walt Disney Company addi3onal usage. Stravinsky would need to take responsibility for adding
(D) the right to use “The Rite of Spring” in its movie “Fantasia” did not the proper language to the license.
include the grant of rights to Disney (D) to use the work in video format.
8. The court discusses two lines of reasoning with regard to new uses not
3. RULE OF LAW: Where the language of a license is broad enough to specifically included in a license agreement.
include a new use, the license will cover that new medium, unless
a. The first approach would deem the phrase “mo3on picture” to
specifically excluded by the grantor.
mean only what that phrase was understood to mean at the
FACTS: 3me of licensing agreement; it would not. therefore, include
new, unan3cipated technology.
4. In 1938, The Walt Disney Company (0) sought permission to use
Stravinsky’s “The Rite of Spring” in a mo3on picture. In 1939, the par3es b. The second approach, that favored in this case. would include
executed a licensing agreement that allowed Disney (D) to use the work within the term “mo3on picture” any new technology the
in one mo3on picture. The mo3on picture, “Fantasia,” was released in nature of which would reasonably fall within the scope of the
1940 and featured animated scenes set, in part. to “The Rite of Spring,” medium for which the license was originally granted.
although the composi3on was shortened and otherwise edited. Since
1940, “Fantasia” has been re-released at least seven 3mes, all under the
1939 license, and parts of “Fantasia” have been shown on television.
Boosey & Hawkes Music Publishers, Inc. (Boosey) (P). the assignee of
the copyright, has never objected to any of these distribu3ons. In 1991,
Disney (D) released “Fantasia” in video format for sale in the United
States and foreign countries. Boosey (P) brought this ac3on claiming
that the 1939 license did not include the use of “The Rite of Spring” in
video format.
ISSUE/S AND HELD:
1. Does a license to exploit a copyrighted work extend to new
marke3ng channels made possible through technological
advancements – YES.
RATIO: