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Gilkyson v. Disney Enterprises, Inc.

We agree with Disney that interpretation of its agreements with Gilkyson is subject to de novo review; Gilkyson’s right to receive royalties from exploitation of the mechanical reproduction rights in “The Bare Necessities” and other songs he wrote for The Jungle Book was dependent on Wonderland receiving payment for such exploitation; and the express language of the contracts granted Disney sole discretion to decide how to exploit the material, including whether a fee should be charged for Disney’s own use of the material in home entertainment releases. Accordingly, we reverse the judgment.

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