Gilkyson v. Disney Enter.
Annotate this CaseThe adult children and heirs of songwriter Terry Gilkyson, a member of the band The Easy Riders, filed suit against Disney, alleging that Disney had breached its contractual obligation to pay royalties in connection with the licensing or other disposition of the mechanical reproduction rights to Gilkyson’s songs. The trial court dismissed the lawsuit after sustaining Disney’s demurrer to the first amended complaint without leave to amend, ruling the Gilkyson heirs’ causes of action were barred by the applicable statutes of limitations. The court concluded that the trial court erred in sustaining the demurrer pursuant to the statute-of-limitations bar where the continuous doctrine applies to plaintiffs' contract claims. In this case, Disney’s obligation to pay royalties based on its licensing or other disposition of the mechanical reproduction rights to Gilkyson’s songs was unquestionably a continuing one. While portions of the Gilkyson heirs’ contract claim are undoubtedly time-barred, the action is timely as to those breaches occurring within the four-year limitations period preceding the filing of the original lawsuit. Accordingly, the court reversed and remanded with directions.
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