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BOOSEY & HAWKES MUSIC PUBLISHERS v. WALT DISNEY CO.

Nos. 34, 45, Dockets 96-9205, 96-9223.

145 F.3d 481 (1998)

BOOSEY & HAWKES MUSIC PUBLISHERS, LTD., Plaintiff-Appellee-Cross-Appellant, v. The WALT DISNEY COMPANY and Buena Vista Home Video, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 30, 1998.

Attorney(s) appearing for the Case

Marcia B. Paul, New York City (Toby M.J. Butterfield, Kay Collyer & Boose LLP, New York City, James M. Kendrick, Thacher Proffitt & Wood, New York City, of counsel), for Plaintiff-Appellee-Cross-Appellant.

Eric J. Lobenfeld, New York City (Chadbourne & Parke LLP; Sanford M. Litvack and Edward J. Nowak, New York City, on the brief), for Defendants-Appellants-Cross-Appellees.

Before: LEVAL and PARKER, Circuit Judges, and BAER, District Judge.

LEVAL, Circuit Judge:

Boosey & Hawkes Music Publishers Ltd., an English corporation and the assignee of Igor Stravinsky's copyrights for "The Rite of Spring," brought this action alleging that the Walt Disney Company's1 foreign distribution in video cassette and laser disc format ("video format") of the film "Fantasia," featuring Stravinsky's work, infringed Boosey's rights. In 1939 Stravinsky licensed Disney's distribution of The...

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