Twin Books Corporation v. The Walt Disney Company Buena Vista Home Video, Inc. And Buena Vista Pictures Distribution, Inc.

Plaintiff Twin Books Corporation (Twin Books) appeals the district court’s judgment granting the Defendants’ Motion for Summary Judgment in this action for copyright infringement brought pursuant to the Copyright Act of 1909, ch. 320, 35 Stat. 1075 , current version at 17 U.S.C. §§ 101 et seq. The district court had original jurisdiction pursuant to 28 U.S.C. § 1338 (a). We have jurisdiction pursuant to 28 U.S.C. ■§ 1291. We reverse and remand.

Bambi, A Life in the Woods

This appeal involves the children’s classic tale, Bambi, A Life in the Woods. It is a very common misconception that Bambi was the brainchild of the world’s foremost entertainer of children, Walt Disney. To the contrary, the young fawn named Bambi was brought to life in Austria by an Austrian citizen named Felix Salten, and was bom in the wooded wilderness of Germany in 1923. Bambi learned very early in life that the meadow, where his mother took him to graze and play, was full of potential dangers everywhere he turned. Unfortunately, Bambi’s creator, Mr. Salten, could not know of the equally dangerous conditions lurking in the world of copyright protection under the United States Copyright Act of 1909,…