Arnstein v. Porter, 154 F.2d 464 (1946) p.420

SUBJECT

right to reproduce work in copies and records

FACTS

Plaintiff heard some works on the radio and was convinced they were copies of his own songs. Plaintiff testified that the songs had been stolen from his room.

PROCEDURE

The trial court directed a verdict for defendant against plaintiff's wishes for a trial.

ISSUE

Whether the loawer court under Rule 56, properly deprived plaintiff of a trial of his copyright infringement action.

RULE

If there is the slightest doubt about the facts, then the case should proceed to a jury.

HOLDING

Plaintiff's credibility should be left for a jury. The trial court judge improperly directed a verdict.

RATIONAL

Similarities between works need to be made by the intended audience

POLICY/NOTES

The issue of whether the two pieces are in fact similar is for the lay people of the intended audience