(1967) Tags: Disney
Gilkyson v. Disney Enterprises, Inc.
Terry Gilkyson, a successful songwriter in the 1950’s and 1960’s and a member of the band The Easy Riders, wrote “The Bare Necessities” and several other songs for the popular animated film “The Jungle Book”, which was first released in 1967. Several years prior to the film’s release, Gilkyson signed single-song contracts with Disney’s predecessor-in-interest, Walt Disney Productions, that deemed it the author of the songs and the owner of the copyright and obligated it to pay Gilkyson an initial fee of $1,000 for each song he wrote for the film, as well as specified royalties for sales of sheet music and for licensing or other disposition of the mechanical reproduction rights. The contract expressly excluded from that royalty obligation Disney’s use of the songs in “motion pictures, photoplays, books, merchandising, television, radio and endeavors of the same or similar nature.”
Pursuant to those contracts Disney paid Gilkyson over the years and, after his death in 1999, his heirs royalties for sheet music and for audio reproductions of Gilkyson’s songs (vinyl records, compact discs (CDs) and digital downloads). However, Disney did not pay, and has never paid, Gilkyson or his heirs royalties for the use of his songs in any audiovisual medium, including digital video disc recordings (DVDs).
On November 15, 2013 the Gilkyson heirs sued Disney for breach of contract and several related claims alleging Disney had breached its contractual obligation to pay the Gilkyson heirs royalties in connection with the use of Gilkyson’s songs on videocassette recordings (VHS tapes) and DVDs. In their original complaint the Gilkyson heirs alleged the DVD version of The Jungle Book released by Disney in 2007 included “The Bare Necessities” and additional songs that Gilkyson had written for the film but that had never before been released. Although Disney sold approximately four million DVDs containing Gilkyson’s songs and received substantial profits, the complaint alleged it had failed to pay the Gilkyson heirs any per-unit royalty in connection with those sales. The Gilkyson heirs also alleged Disney failed to pay any royalties in connection with VHS tapes containing “The Bare Necessities,” which were released sometime prior to 2007.
Judgment: The Gilkyson heirs are to recover their costs on appeal.