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In 1933, Walt Disney Company entered into a contract with Irving Berlin, Inc., assigning musical copyrights in exchange for a share of Berlin revenues. The agreement exempted from copyright protection Disney's use of the assigned music in motion pictures. The music was used in several Disney feature-length cartoons (Snow White and Pinocchio) that were later made available for sale on videocassette. Mr. Berlin's heirs brought suit, alleging infringement. Was this new technology an infringement? Could videocassettes have been anticipated? (Bourne v. Walt Disney Co., 68 F.3d 621 [2d Cir. 1995].)

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