Disney Applies To S Africa Crt Over Lion King Song Case
August 24, 2004: 12:41 a.m. EST
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PRETORIA (AP)--Disney Enterprises Inc. filed an urgent court application Tuesday to prevent its trademarks from being sold off in South Africa if a poor family that says it lost millions in royalties from the hit song "The Lion Sleeps Tonight" wins its lawsuit against the entertainment giant.
Lawyers acting for the family of the late musician Solomon Linda, who penned the original song "Mbube" in 1939, obtained a court order in July attaching more than 240 trademarks registered here to their $1.6 million suit in order to establish local jurisdiction.
The trademarks, which include well known images such as Mickey Mouse and Donald Duck, could be sold locally to pay Linda's heirs if they win their lawsuit.
Lawyers for Disney asked the Pretoria High Court to set aside the attachment order, arguing that the executor of Linda's estate hadn't been appointed properly, making everything he did on its behalf null and void.
They also said the case should have been brought against Walt Disney Pictures and Television, the subsidiary that produced the film "The Lion King," the South African Press Association reported.
Lawyers for the family denied their arguments, saying the executor was correctly appointed and that Disney Enterpises Inc. was the right party to sue as it has overall control.
Judge Hekkie Daniels reserved judgment in the matter after a three-hour hearing.
Disney's Africa manager, Christine Service, declined to comment, saying: "We won't be engaging in public discussions on ongoing legal matters."
Linda died penniless in 1962, having sold the rights to his original song to a South African publisher.
It went on to generate an estimated $15 million in royalties after it was adapted by other artists, including the U.S. songwriter George Weiss, whose version is featured in "The Lion King."
The song has been covered by at least 150 artists, including The Tokens, George Michael, Miriam Makeba and The Spinners.
Linda's three surviving daughters and 10 grandchildren, living in poverty in the Johannesburg township of Soweto, have received only a one-time payment of $ 15,000, according to their lawyers.
The action is based on laws in force in Commonwealth nations at the time the song was first recorded. Under its provisions, the rights to a song revert to the composer's heirs 25 years after his death.
Dow Jones Newswires 08-24-04 1241ET Copyright (C) 2004 Dow Jones & Company, Inc. All Rights Reserved.
August 24, 2004: 12:41 a.m. EST
-
PRETORIA (AP)--Disney Enterprises Inc. filed an urgent court application Tuesday to prevent its trademarks from being sold off in South Africa if a poor family that says it lost millions in royalties from the hit song "The Lion Sleeps Tonight" wins its lawsuit against the entertainment giant.
Lawyers acting for the family of the late musician Solomon Linda, who penned the original song "Mbube" in 1939, obtained a court order in July attaching more than 240 trademarks registered here to their $1.6 million suit in order to establish local jurisdiction.
The trademarks, which include well known images such as Mickey Mouse and Donald Duck, could be sold locally to pay Linda's heirs if they win their lawsuit.
Lawyers for Disney asked the Pretoria High Court to set aside the attachment order, arguing that the executor of Linda's estate hadn't been appointed properly, making everything he did on its behalf null and void.
They also said the case should have been brought against Walt Disney Pictures and Television, the subsidiary that produced the film "The Lion King," the South African Press Association reported.
Lawyers for the family denied their arguments, saying the executor was correctly appointed and that Disney Enterpises Inc. was the right party to sue as it has overall control.
Judge Hekkie Daniels reserved judgment in the matter after a three-hour hearing.
Disney's Africa manager, Christine Service, declined to comment, saying: "We won't be engaging in public discussions on ongoing legal matters."
Linda died penniless in 1962, having sold the rights to his original song to a South African publisher.
It went on to generate an estimated $15 million in royalties after it was adapted by other artists, including the U.S. songwriter George Weiss, whose version is featured in "The Lion King."
The song has been covered by at least 150 artists, including The Tokens, George Michael, Miriam Makeba and The Spinners.
Linda's three surviving daughters and 10 grandchildren, living in poverty in the Johannesburg township of Soweto, have received only a one-time payment of $ 15,000, according to their lawyers.
The action is based on laws in force in Commonwealth nations at the time the song was first recorded. Under its provisions, the rights to a song revert to the composer's heirs 25 years after his death.
Dow Jones Newswires 08-24-04 1241ET Copyright (C) 2004 Dow Jones & Company, Inc. All Rights Reserved.