Arnstein v. Edward B. Marks Music Corporation

L. HAND, Circuit Judge.

This is the usual bill in equity upon the infringement of a musical copyright; the plaintiff’s right is admitted and the sole issue is as to the infringement. The plaintiff’s case depends upon access and similarity; the defendant answers by showing that the common parts of the two pieces have occurred elsewhere and by the denials of the persons charged with the piracy. The issue being one of fact, the plaintiff starts with the finding against him of a trial judge, who saw all but one of the witnesses, and whose decision we should accept unless it is plainly wrong.…