The heirs of Terry Gilkyson, the composer of ‘The Bare Necessities’ which was featured in Disney’s ‘The Jungle Book,’ are claiming that Disney owes them unpaid royalties. They are seeking royalties from the DVD sales of the 2007 re-release of Disney’s animation of Rudyard Kipling’s novel. “Although the original 1967 agreement between Gilkyson and Disney did not refer explicitly to royalties made from VHS and DVD sales, the heirs argue that the “mechanical reproductions” or recordings of the music were covered under the royalty agreement of the Gilkyson estate.” A three-judge Second Appellate District panel cited to Aryeh v. Canon Bus. Solutions Inc. which held “that the doctrine of continuous accrual applies to the years of unpaid royalty at issue” in this case. The amount of damages that the plaintiffs are seeking have not been specified.
See Katelen Walsh, Disney Fighting For “The Bare Necessities,” American University Intellectual Property Brief, January 30, 2016.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
