Knowledge (XXG)

Arnstein v. Porter

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reputation as a musician but his interest in the potential financial returns from his compositions, which derive from the lay public's approbation of his efforts. Accordingly, the question to be answered by this step of the analysis is "whether defendant took from plaintiff's works so much of what is pleasing to the ears of lay listeners, who comprise the audience for whom such popular music is composed, that defendant wrongfully appropriated something which belongs to the plaintiff."
44:, a renowned composer, for copyright infringement. Arnstein was a professional songwriter and had published several popular songs. He claimed Porter had plagiarized some of his songs, mainly "The Lord is My Shepherd" and "A Mother's Prayer." Porter rebutted, arguing he had never heard Arnstein's songs and had independently created the songs. Arnstein argued Porter enlisted spies or "stooges" to steal the songs. Porter filed a motion for 83:
The primary issue in this appeal was whether the lower court properly deprived the plaintiff of a trial on his copyright infringement action by granting the motion for summary judgment. Regarding the first step, the lower court determined that the plaintiff's claims were "fantastic". However, the key
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In this case, the appellate court, after listening to the respective compositions, was unable to conclude "that the likenesses are so trifling that, on the issue of misappropriation, a trial judge could legitimately direct a verdict for defendant." Therefore, the court remanded the case to the trial
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Regarding the second step of the infringement analysis, determining substantial similarity is to be done from the view of the "ordinary lay hearer", although "the testimony of experts may be received to aid" this part of the analysis. The plaintiff's legally protected interest is not in his
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granted Porter's motion for summary judgment. The court had relied on expert testimony about the similarity of the songs and found that Porter's songs were not substantially similar. Arnstein appealed.
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issue was the second step, where there were aspects that were by no means "fantastic"; particularly, the similarity between the works.
22: 72:. The court stated there are two elements to establish infringement: (1) there must be evidence that the defendant had 69: 113: 26: 127: 45: 65: 37: 141: 52: 41: 93: 76:
to the copyrighted work; and (2) there must be evidence that the works are
114:"Full Text of Arnstein v. Porter, 154 F.2d 464 (2d Cir. 1946)" 21:, 154 F.2d 464 (2d Cir. 1946) is a case in the 8: 128:"A Professional Victim: On Ira B. Arnstein" 105: 25:which set a precedent for determining 23:law of copyright in the United States 7: 14: 148:United States copyright case law 153:1946 in United States case law 1: 29:for copyright infringement. 40:, a chronic litigant, sued 169: 27:substantial similarity 78:substantially similar 18:Arnstein v. Porter 160: 132: 131: 124: 118: 117: 110: 46:summary judgment 168: 167: 163: 162: 161: 159: 158: 157: 138: 137: 136: 135: 126: 125: 121: 112: 111: 107: 102: 66:appellate court 62: 38:Ira B. Arnstein 35: 12: 11: 5: 166: 164: 156: 155: 150: 140: 139: 134: 133: 119: 104: 103: 101: 98: 61: 58: 34: 31: 13: 10: 9: 6: 4: 3: 2: 165: 154: 151: 149: 146: 145: 143: 129: 123: 120: 115: 109: 106: 99: 97: 95: 89: 85: 81: 79: 75: 71: 68:reversed and 67: 59: 57: 54: 49: 47: 43: 39: 32: 30: 28: 24: 20: 19: 122: 108: 92:court for a 90: 86: 82: 77: 73: 63: 50: 36: 17: 16: 15: 53:trial court 42:Cole Porter 142:Categories 100:References 94:jury trial 70:remanded 60:Opinion 74:access 33:Facts 64:The 51:The 144:: 96:. 80:. 48:. 130:. 116:.

Index

law of copyright in the United States
substantial similarity
Ira B. Arnstein
Cole Porter
summary judgment
trial court
appellate court
remanded
jury trial
"Full Text of Arnstein v. Porter, 154 F.2d 464 (2d Cir. 1946)"
"A Professional Victim: On Ira B. Arnstein"
Categories
United States copyright case law
1946 in United States case law

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