From our private database of 14,100+ case briefs...
Boosey & Hawkes Music Publisher, Ltd. v. The Walt Disney Company
United States Court of Appeals for the Second Circuit
145 F.3d 481 (1998)
In 1939, The Walt Disney Company (Disney) (defendant) executed a copyright licensing agreement (the agreement) with Igor Stravinsky to use the composition for Stravinsky’s song The Right of Spring (the song) in Disney’s new animated film, Fantasia. The agreement stated that Disney could record the song, in any manner or form, in one motion picture. The agreement reserved any non-specified rights to Stravinsky. Fantasia was initially released in movie theaters, but as technology progressed, it was eventually played on television and released on home-video formats, including VHS and laser disc. In 1993, Boosey & Hawkes Music Publisher, Ltd. (Boosey) (plaintiff) was the assignee for Stravinsky’s copyright interests in the song. Boosey sued Disney for copyright infringement. Boosey alleged that Disney’s use of the song in home-video formats of Fantasia exceeded the scope of the agreement, and infringed Boosey’s copyright interest in the song. The district court granted partial summary judgment in favor of Boosey, finding that Disney’s use of the song in home-video versions of Fantasia was not authorized by the license. Disney appealed the decision.
Rule of Law
Holding and Reasoning (Leval, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.