Sharp-eared Oz fans noted seven notes in the second theatrical trailer for the first part of the film adaptation of Wicked that released this week.
Close to the end of the trailer, the notes of Miss Gulch's theme from MGM's The Wizard of Oz can clearly be heard, seemingly creating a musical bridge between the 1939 classic and the 2024 film adaptation of a longtime Broadway mainstay.
Tori of The Oz Vlog noted that legally, you can copy up to seven notes in succession from an existing composition in a new one without fear of legal repercussion, and the use of Miss Gulch's theme is exactly seven notes. However, this isn't "Under Pressure" vs. "Ice, Ice, Baby." This is a case where the use of those seven notes from one work is clearly intended to connect it to this new work.
The use of MGM motifs in other studios' use of Oz isn't new. Shirley Temple's adaptation of The Land of Oz for her Shirley Temple Show clearly evoked the MGM film designs for the Tin Woodman, the Scarecrow and Glinda. The "it was or might have been a dream" motif has been reused in other adaptations. Disney's Return to Oz and Oz the Great and Powerful had cast members who play Oz characters double up as characters seen in Kansas. And Return to Oz even famously paid a lot of money to use the Ruby Slippers so as not to totally alienate audiences who only knew the MGM film.
Turner Entertainment bought the MGM film library in the mid-1980s, only to be merged into Warner Brothers, who has since changed hands many times in the past few decades, and haven't been doing well lately. For every Barbie and Dune Part II, there's more flops and disappointments, such as many of the final offerings of the DC Extended Universe. Add in a CEO who doesn't really seem to like movies, the studio's had some trouble.
That said, it's been said Warner has taken Oz productions to task over the years, making sure the new designs of the Emerald City and the Wicked Witch are distinct enough from the now trademarked designs seen in the MGM film.
When the first footage of the film adaptation of Wicked was seen at CinemaCon, it was reported that the Ruby Slippers were seen. (I have not seen this footage, I will note, I have only heard reports.) Now we have this music quoted in the trailer, and potentially the film score as well.
Did Universal work out some deal with Warner Brothers to use some elements of the 1939 film?
Maybe. We don't know as it hasn't been publicly commented upon yet.
Have they worked together before?
Yes. Some Warner Brothers properties are at Universal Parks, namely the attractions based on the Harry Potter franchise.
This year saw Universal and Warner Brother's co-production Twisters hit theaters, which depending on where you live, is distributed by either company.
They also came together to release a home video package of all of the Rankin-Bass Christmas specials on DVD and Blu-Ray together for the first time. This is aided by both studios' releases being handled by their co-owned company Studio Distribution Services now, SDS, who also sell them through Gruv. Through changing hands over the years, the rights for the specials are split between the two studios, with the first several (and Tales of the Wizard of Oz and Rankin-Bass' Return to Oz) winding up with Classic Media, who eventually wound up as part of Dreamworks, now properly part of Universal. The rest of the Christmas specials were bought up by Warner Brothers after Rankin-Bass officially dissolved. (The full breakdown of which Rankin-Bass properties are owned by who are very complicated, I'm only referring to the Christmas specials, do not use my simple breakdown for only part of their library for any legal advice.)
If Warner was approached by Universal, a studio they seem to have a good relationship with, to use elements of the 1939 film, I think we can say they'd be open to it, especially if Universal paid a bit for them. They expect Wicked to be a big box office draw, so a little extra investment would be worth it.
That said, if they really are essentially using those seven iconic notes in their trailer for free with a ruling ensuring there's nothing Warner Brothers can do, that's pretty bold of them.