Lion King Suit Against Disney

[Sarangel]

A poor South African family is taking United States entertainment giant Disney to court for unpaid royalties from the hit song The Lion Sleeps Tonight, originally a Zulu tune composed by their late father, lawyers said on Friday.

The executor of the estate of Solomon Linda, who died with less than R200 in his bank account in 1962, will on behalf of his family claim $1,6-million (almost R8-million) in damages against Disney in a complaint to be filed in a South African court next week.

Disney is targeted as the "most active user" of the song, said copyright lawyer Owen Dean.

"They are using his music in the Lion King musical, which is running to full houses all over the world while Linda's daughters work as domestic servants, live in shacks and struggle to feed their families," Dean told reporters in Johannesburg.

Linda was a Zulu migrant worker and entertainer who composed the song Mbube (lion) in Johannesburg in 1939 and recorded it with a singing group called the Evening Birds.

Mbube was an instant hit and would later become one of the most famous melodies from Africa.

Folk singer Pete Seeger came across the song in New York in 1949, and in his autobiography relates how he transcribed it "note for note" and called it Wimoweh from the Zulu "uyiMbube" which means "he is a lion".

In 1961, the Tokens recorded the song and added the English lyrics starting with "in the jungle, the mighty jungle".

Since then, the song has been recorded by more than 150 different artists and features in at least 15 movies and stage musicals. It has been translated into several languages including French, Japanese, Danish and Spanish.

But Linda and his family received scant financial reward for his original composure, mainly from the South African music company Gallo and a "trickle of royalties" from the United States in the 1970s, amounting to about $15 000.

The claim against Disney is not close to the estimated $15-million earned in composure royalties over the decades, but lawyers hope that it would serve as a test case for future negotiations with other parties.

Can you say, "aim for the deep pockets"?

 

[Walt's Frozen Head]

"I am your father, Kimba. I mean Simba."

 

[KNWVIKING]

***"Folk singer Pete Seeger came across the song in New York in 1949, and in his autobiography relates how he transcribed it "note for note" and called it Wimoweh from the Zulu "uyiMbube" which means "he is a lion".

In 1961, the Tokens recorded the song and added the English lyrics starting with "in the jungle, the mighty jungle".

Since then, the song has been recorded by more than 150 different artists and features in at least 15 movies and stage musicals. It has been translated into several languages including French, Japanese, Danish and Spanish."***

Maybe I'm not reading this right: The song has the above history for the last 50 years, and now someone wants to sue Disney for royalties ?

 

[WDSearcher]

Yes, because the lawyer feels that Disney has benefitted from it the most.

And, of course, Disney has the most money.

 

[FatCow]

Well, if Disney does steal, then go for it.

How about suing Disney for the entire movie? The first time I watched TLK, the first thing that came to mind was "Kimba the Lion King", a Japanese animated feature.

Many of the scenes within the two movies are actually identical.

 

[MsLeFever]

Originally posted by FatCow
Well, if Disney does steal, then go for it.

How about suing Disney for the entire movie? The first time I watched TLK, the first thing that came to mind was "Kimba the Lion King", a Japanese animated feature.

Many of the scenes within the two movies are actually identical.

Actually the plot is totally William Shakespeare's Hamlet - but with a happier ending! When I teach Hamlet to my college students we always discuss The Lion King!

Barbara

 

[Chuck S]

I'm almost curious to know how that is was used in a lot of other movies over the years, had lyrics added by a singing group, but that DIsney benefited the MOST from the song? I mean, with those added lyrics and such, is it even remotely recognizable as the work of the African composer, o would it be considered the work/property of the group that added the lyrics. They want to make this a "test case" ONLY because Dsiney has deep pockets. They are suing for a relatively small amount, obviously hoping Disney will settle rather than fight it in court.

 

[renknt]

here is a little more on the story from Reuters

By Mariam Isa
JOHANNESBURG (Reuters) - South African lawyers are suing U.S. entertainment giant Walt Disney Co for infringement of copyright on "The Lion Sleeps Tonight," the most popular song to emerge from Africa, the lawyers said on Friday. If Disney loses, South African proceeds from its trademarks -- including Mickey Mouse and Donald Duck -- could be seized by the courts, lawyers representing relatives of the song's composer said. The lilting song, initially called "Mbube," earned an estimated $15 million in royalties since it was written by Zulu migrant worker Solomon Linda in 1939, and featured in Walt Disney's "Lion King" movies. However, Linda's impoverished family have only received about $15,000, the lawyers said. Disney executives in South Africa were not immediately available for comment. Linda sold the worldwide copyright for "Mbube" to a local firm, but under British laws in effect at the time, those rights should have reverted to his heirs 25 years after his death in 1962, copyright lawyer Owen Dean said. This means Linda's surviving three daughters and 10 grandchildren were entitled to a share of royalties from the song, which has since been recorded by at least 150 musicians. "We are claiming ten million rand ($1.6 million) in damages from Disney at the moment," Dean told reporters. "The court attached use of Disney trademarks in South Africa to the case last week. We believe our legal position is very sound." The court will issue a summons to Walt Disney in Los Angeles early next week. If the case is successful, legal action may also be launched against Disney and other companies in the United Kingdom or Australia, where British copyright laws would have applied, Dean added. It would also have widespread implications for other South African musicians, authors and artists who may have sold their rights without being aware of their entitlements. "The families are entitled to royalties. There has also been a misappropriation of South African culture -- the song is thought to be American," Dean said. Linda's grandson Zathele Madonsela, 16, told reporters the case was very important for his family, who live in poverty in the Johannesburg township of Soweto. "Life is difficult, we are really struggling," he said. Executors of the family's estate are also seeking a further 6 million rand damage from three local companies who have benefited from income either from the "Lion King" films or the song. The Mbube song was adapted by U.S. folk singer Pete Seeger, who called it "Wimoweh" as he misheard its Zulu lyrics. U.S. songwriter George David Weiss rewrote the song as "The Lion Sleeps Tonight."

I also think part of the problem is that in South Africa certain people were not given equal protection under the law or were shut completly out of the system. I don't think this is somuch a shot at dDisney as an attempt to redress old wrongs.

 

[FatCow]

Originally posted by MsLeFever
Actually the plot is totally William Shakespeare's Hamlet - but with a happier ending! When I teach Hamlet to my college students we always discuss The Lion King!

Barbara

The plot is from Hamlet (which is plublic domain), however, please go and watch Kimba the Lion King, you will see that the way most frames are being set exactly like Kimba The Lion King. You'll be surprised how Disney can get away with it.

 

[FatCow]

for examples CLICK HERE

 

[dcentity2000]

Originally posted by MsLeFever
Actually the plot is totally William Shakespeare's Hamlet - but with a happier ending! When I teach Hamlet to my college students we always discuss The Lion King!

Barbara

Too right - I love Hamlet! Wonderful piece of literature!

Whilst we're on the subject of Japanese films, everyone go and see "Spirited Away" - it's all in English, no subs and so on and is quite literally the most beautiful film I've ever seen! Disney hold the distribution rights to it and it has long been rumoured that Disney is to buy the production team



Rich::

 

[FatCow]

Like I said, see the link I posted above.

Even Roy Disney initially called the character Kimba instead of Simba.

I urge you to watch Kimba the Lion King before making judgement.

 

[dcentity2000]

Most initial Disney stories were from tradition. Is the modern problem that these tales of old have simply run out?



Rich::

 

[cat_vulcan1010]

Please nobody use TLK short for The Lion King use something esle like The LK or just LK because I have invented a mini series called The Lone Kitty and all of the ads say TLK which should be posted sometime this or next year and the series will start sometime late next year or up to 2 years after that (because my cats act when they want to)

 

[FatCow]

Too late. Even the audio/video societies around the world uses TLK for The Lion King.

 

[sanapunk]

They might as well sue whoever made The Sandlot and 34957835739487 other films that use that song in it.


the song is in the movie for what, 10 seconds? People didn't run out to see the movie just to hear that song.

 

[FatCow]

I guess you don't deal with copyright law. I do.

It can be for a split second, they still need to pay the royalties and/or ask for permission to use it (different fee depending they asked for permission or otherwise).

 

[Sarangel]

It can be for a split second, they still need to pay the royalties and/or ask for permission to use it (different fee depending they asked for permission or otherwise).

Actually, Disney did pay the royalties to Abilene Music, the New York firm which administers its copyright in the United States. The plaintiff decided to sue Disney because Abilene Music has no assets in South Africa & Disney does.

Here's the other side of the story.

Sarangel

 

[FatCow]

Although I agree that someone has to pay when a song is being used, if the other-side-of-the-story is true, then the suit should be against Abilene, not Disney.

 

[WDSearcher]

Truly, the big piece of this case seems to be that "the family is living in poverty in Johannesburg." That's the picture the plaintiff's lawyer keeps trying to paint -- that big, rich Disney used the song in a movie and made billions of dollars and the family of the man who wrote the song used in the movie are living in poverty. No mention that the movie was likely to have been just as big of a hit without the song, nor that Disney paid proper license fees to use the song in the film and that the family's beef is with the licensing company. The story here is that Disney made billions while this family has nothing. The lawyer is using that contrast to spark emotion and rally people to his cause. I doubt, though, that it will work, and I certainly hope the guy isn't planning on getting his expenses back after the case is over, because I'm thinking this poor family can't afford to pay him either!

It reminds me of the French farmers who were protesting government treatment back when Disneyland Paris opened. They parked all their tractors and equipment in front of DLP and near the train stations that connected to DLP, making it very difficult for people to get to the park without some sort of delay or discomfort. When asked by reporters why they were striking in front of DLP when Disney had absolutely nothing to do with the farm problems, the farmers said, "If we stop work in our fields or at the center of town, nothing happens. If we block the entrance to Disneyland, we will be on the news."