Winnie the Pooh Court Case Goes Against Disney
A federal judge has ruled that the granddaughter of A.A. Milne, creator of Winnie the Pooh and his world, cannot have the marketing rights to the over-hyped bear, a ruling that could cost the Disney corporation hundreds of millions a year. The problem appears to be the fact that A.A. Milne sold the US rights to literargy agent Stephen Slesinger -- in 1930. Ms. Milne is trying to reclaim those rights next year due to a change in US copyright law. Disney and Ms. Milne are out of line.
If Mr. Slesinger's deal with Mr. Milne was valid in 1930, it must remain so regardless of changes in the law thereafter. Ex post facto contract law is the path not only to chaos but the end of business as well. One wonders how the good folks at Disney would feel if the prevalence of the term "Mickey Mouse" in American society resulted in the little rodent being declared, by act of Congress, in the public domain.
Of course, there is much legal wrangling going on, and the case has been in the courts for over a decade. Disney is trying to get its case against Slesinger heard in federal court now, which means a greater delay. Meanwhile Slesinger has been accused of stealing from Disney's dumpster to get records. Apparently, the dignity of the entire case is in decline.
In the end, there will be a decision, and money will change hands, and life will go on. Disney will not go broke in any case, one presumes Mr. Milne's graddaughter will not have to take a second job anytime soon, and Mr. Slesinger's heirs will not suffer unjustly any way. However, the whole thing may be resolved with a single change -- lawyers can start billing a flat fee and give up the idea of billable hours.