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Muller v. The Walt Disney Productions

876 F. Supp. 502 (1994)

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Muller v. The Walt Disney Productions

United States District Court for the Southern District of New York
876 F. Supp. 502 (1994)

SH

Facts

The Walt Disney Productions (defendant) (Disney) engaged the services of Leopold Stokowski in arranging, conducting, and consulting on the music for the motion picture Fantasia. Pursuant to Clause 6 of their contract, Stokowski was to deliver an agreement between the Philadelphia Orchestra Association (for whom Stokowski was the conductor) and Disney providing that the orchestra and its members would retain no rights in connection with Fantasia. Stokowski failed to deliver such an airtight agreement, however, and the orchestra later brought suit against Disney seeking a share of videocassette and laser disc sales from Fantasia, forms of exploitation that were not provided for under the agreement. Disney in turn brought suit against Stokowski’s estate (plaintiff) claiming that, pursuant to Clause 6 of their contract, Stokowski’s estate must indemnify Disney against sums awarded to the Orchestra in that action. Stokowski’s estate filed a motion to dismiss for failure to state a valid claim for relief.

Rule of Law

Issue

Holding and Reasoning (Goettel, J.)

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Entertainment Law

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