Golding v. R.K.O. Pictures, Inc.

TRAYNOR, J. Dissenting.

The majority opinion in this case, unlike that in Stanley v. Columbia Broadcasting System, ante, p. 653 [221 P.2d 73], recognizes that the question whether there has been copying of plaintiffs’ work cannot be submitted to the jury until it has been determined by the trial judge that there is evidence of substantial similarity between plaintiffs’ play and defendants’ motion picture with respect to the protectible features of plaintiffs’ play. With these conflicting decisions before him, may a trial judge on motion for nonsuit or directed verdict determine on the…