The ongoing legal case in South Africa regarding the rights to the song 'The Lion Sleeps Tonight' has taken an interesting turn.
As previously reported, the case centres on a claim by relatives of the late Solomon Linda, who penned the song which was later transformed into 'The Lion Sleeps Tonight'. They claim that, while Linda sold the rights to the song in 1939, the copyright law being used in South Africa at that time means the rights to the song reverted to his family 25 years after his death. If that was the case Linda's descendants are due some of the $1.6 million in royalties the song has earned since it was incorporated into Disney's global Lion King franchise.
Linda's family are targeting Disney directly over their royalties claim, and their legal people say the entertainment company should be forced to sell some of its 240 South African trademarks in order to settle with their clients. That might mean selling the Mickey Mouse trademark. Despite objections from Disney, a Pretoria court has now ruled that a forced trademark sale is still something that should be considered if the case goes in the Linda family's favour.
Adri Malan, spokeswoman for the family's lawyers, said of the latest ruling: "This means that Mickey Mouse is still in captivity."
However Disney, who say they are not liable because they paid in good faith the US agents of the South African company who bought the rights to the song back in 1939, would not comment directly on the latest ruling. Their spokeswoman, Joyce Lorigan, said the latest ruling was irrelevant: "The real issue in this lawsuit is whether Linda's estate or Abilene Music Publishing - who bought the rights to the song from Linda's wife - owns the copyright to The Lion Sleeps Tonight".