As consultants of The Real Time, our mission is to effectively provide a neutral and unbiased synopsis of the events that have unfolded in the Lee v. Disney case, as well as give the reader the important details involved in the case. The primary discussion points in this case analysis will be as follows:
• A Brief Account of the Facts
• The Legal Analysis of the Suit
• Breach of Contract
• Invasion of Privacy
• Disney’s Customs, Practice, and Usage
• The Financial Analysis of Peggy Lee’s Claim
• The Claim
• Peggy Lee’s Damages
• Peggy Lee’s Award (if she prevails)
• Recommendation/ Conclusion
INTRODUCTION/FACTS In 1952, voice actress, Peggy Lee, collaborated with Disney in the production of Lady and the Tramp. Her
…show more content…
Existence of a Valid Contract
2. Breach of the Contract 's Terms
3. Damages for Breach of Contract
If, and only if, these elements are met, the plaintiff, in this case Ms. Lee, can effectively argue her case and potentially win this case. Conversely, if Disney is able to prove that her accusations fall short of the requirements for a breach of contract suit, Disney will be able to successfully defend against the suit. The element of breach of contract that falls into issue in this case is whether or not there was an actual breach of the contract’s terms. Under Ms. Lee 's claim of breach of contract, her argument revolves around the ambiguity of the text within the contract. In her defense, she claims that sales of "videocassettes" were authorized by the 1952 contract. Her contract stated the sale of "phonographic recordings and/or transcriptions for sale to the public," but lacked the specificity of the term "videocassettes." Ms. Lee’s claim is that she was not paid what was entitled to her; the profits accrued from the sales of “video cassettes.” If video cassettes are to be understood as “transcriptions,” her argument holds a valid case. In contrast, under Disney’s defense to the breach of contract, they base their argument on another factor. Under their customs and usage provision of this contract, Disney interpreted the sales of videocassettes as "any other technology to be invented." Although videocassettes were
Professor Faden is a film/media teacher at Bucknell University in Lewisburg Pennsylvania. He received his PhD. while in Florida. Now in addition to teaching he makes some films and writes papers on film and media. When doing these things he would have to have a good understanding of copyright laws so as not to break them when creating works. Faden demonstrates this knowledge when making the “A Fair(y) Use Tale”, by not committing copyright infringement on Disney Studios.
Rather than looking at Disney as a place of magic, Janet Wasko examines Disney as a corporation, which is known to be the largest entertainment corporations
1) The conflict being made by the main actor, Larry Rogers, Product Marketing Manager, in the case is faced with having to report to his executive, Sean Morrison. Sean Morrison is a demanding executive with little tolerance for views different than his own. Larry asks his team to conduct market research and report results to him, however, is dreading having to report back to Sean. Ultimately, Larry knows that Sean will do what he wants to do , regardless of the market research. Larry expects the product manager to falsify the data of the market research to fictionalize the results to suit a pre-existing
When Dred Scott v. Sandford was decided in 1857, it made an enormous impact on the United States. It riled up both pro- and anti-slavery Americans. It angered many Americans in an extreme example of judicial activism. Some say it made the Civil War inevitable. By the time the dust had settled and the 13th and 14th Amendments reversed the Court’s decision, Dred Scott could be considered one of the worst Supreme Court decisions of all time. And yet, although the case was egregiously wrong, it still can be considered a “great case”.
When Ms. Marder sued Jennifer Lopez, she was no longer the owner to the story. Paramount possessed the rights to her story and could do with it as they pleased per the contract; “each and every claim [...] of any kind or character […] and exploitation of Flashdance.” Paramount legally owned the story, and they had the right to give the story away to a third party. Jennifer Lopez simply needed the approval of Paramount to use the story, Marder’s consent was unnecessary. The court’s ruling in favor of Ms. Lopez was no surprise, since Ms. Marder did not have co-ownership rights to the story. Ms. Lopez was not it violoation of any copyrights laws against Ms. Marder.
Blevins, JL n.d., Media empires in cyberspace: A case study of the New Disney Universe, viewed on 12 October 2004, , p. 3.
Chapter three will cover the decision making process and for it the write of this business report will utilise different tools and frameworks in terms of thorough analysis of the case regarding The Walt Disney Company and Pixar and their external and internal factors. One of the apporpriate tool for external analysis of both comapnies is Porter’s Five Foces Analysis that has been utilised by the write for industry analysis of both companies. This tool will allow write to understand the industry in better way that The Walt Disney Company and Pixar are falling individually. Besides, it will allow the write to evaluate the current position and
A Disney lawyer said that the summons would have to be reissued, delaying the trial. She expressed confidence that none of the characters would be prosecuted for failure to
The Disney Corporation has had both positive and negative effects on American society. Disney has majorly affected both the youth and adults in America by way they interact with each other, what they expect from each other, and how parents bring up their youth in harsh and unrealistic expectations according to Disney. Disney has fostered a strong sense of imagination in the past, present and future youth of America. This sense of imagination is necessary to the development of children when it comes to success in life and self-confidence. The Disney Corporation knows how to work it’s audience for a profit and mastering that skill has allowed Disney to accumulated billions by advertising and selling fantasies to young children and their parents. It’s also these very ideas that influence what Americans believe our government and policies should be founded on. In “The Mouse That Roared” the author states “Education is never innocent, because it always presupposes a particular view of citizenship, culture, and society. And yet it is this very appeal to innocence, bleached of any semblance of politics, that has become a defining feature in Disney culture and pedagogy” (Giroux 31) This quote defines Disney at large. Disney has created the idea of ‘imagination’ in American society and perpetuates it in everything America does and influences everything America stands. In everyday American life, politics and business, The Disney Corporation has a hand in it.
We will analyze the pertinent facts of the case and help the management of Ben & Jerry’s develop a strategy
The Stakeholder analysis: The Walt Disney Company stakeholders consist of communities, business partners, board of directors/shareholders, employees, customers/guests, and major business segments. The board of directors/shareholders and the major business segments are in the section of high power, high importance. The board of directors and shareholders expect a return of net asset value and an increase in the growth of dividend payments. They also expect more involvement in the decision of the company. Included in this group are the long time ousted members Roy Disney and Stanley Gold. Major business segments, consist of Entertainment Studios, Consumer Products, Disney Parks and Resorts, and Media Networks. This group expects creative license to work on projects that allow them to express the creativity of their individual organizations. This requires them to have the freedom of innovation and independence to make choices.
The Disney Corporation is a leading diversified international family entertainment and media enterprise with five business segments: media networks, parks and resorts, studio entertainment, consumer products and interactive media. (Disney Corporate, 2009). This company did not become one of the leading corporations in the world without hard work, an extreme dedication to the mission and core values of the organization, and the successful application of the four functions of management: planning, organizing, leading, and controlling. Many internal and external factors may have a direct impact on the four functions of management like: globalization, ethics, and innovation.
This case is about the United Television and Software Company Limited (UTV) leadership team considering an alliance with the Walt Disney Company (Disney) in 2006. This alliance would include the acquisition by Disney of Hungama TV, India’s leading television channel for kids, created in 2004 and owned by Ronnie Screwvala, CEO of UTV (51%) and UTV (49%). Also, as part of this alliance, Disney would purchase an equity stake of 14.9% of expended capital in UTV. The total investment from Disney was estimated to be $44.5 million.
5. Does Disney’s portfolio exhibit good strategic fit? What value chain match-ups do you see? What opportunities for skills transfer, cost sharing, or brand sharing do you see? Please be specific and explain why.
The Walt Disney Company, more commonly known as Disney, is a company that was founded in October 16, 1923 by brothers Walt Disney and Roy O. Disney under the name of Disney Brothers Cartoon Studio. The company eventually changed its name to the current Walt Disney Company in 1986. The company was headquartered in Burbank, California. The company is a public company that has diversified to live-action film, television, and even theme parks.