Whenever an business agreement is made some type of contract follows right behind. Whether it is verbal, electronic or written, a contract has requirements and must be followed or it is considered a breach of the contract. When a breach of a contract happens a lawsuit is what most would prefer to obtain justice. A lawsuit is exactly what the children of Terry Gilkyson did against most of our childhood tv show, Disney.
Terry Gilkyson was a successful songwriter back in the fifties and sixties who wrote songs for the Disney film The Jungle Book including “The Bare Necessities". Before the film was released in 1967, Gilkyson had a single song contract per song that he wrote for The Jungle Book. The contract gave Disney the rights as the author …show more content…
The Gilkysons argue that The Jungle Book version that is on DVD was released in 2007 and included "The Bare Necessities" and other songs that had never been released before, which Mr. Gilkyson also wrote. Disney objected to the complaint, insisting the contract to pay royalties excludes the use of Gilkyson's songs in any audiovisual medium. Disney continued by adding that the Gilkyson’s lawsuit on a breach of contract is time-barred under the statutes of limitations. Disney Argued that since the DVDs were released in 2007 and the VHS tapes were released in the 90’s, the claim filed in 2013 was not in the four-year statute of limitations time frame. Disney also argued that all claims towards the failure to pay royalties accrued during the first breach of contract, which was in the 90's, leaving all claims time-barred. “The statute of limitations is a legislatively prescribed time period to bring a cause of action, [and]... ensure defendants the opportunity to collect evidence while still fresh, and provide repose and protection from dilatory suits once excess time has