Arnstein v. Broadcast Music, Inc.

BRIGHT, District Judge.

This is an action brought for the alleged infringement by the defendants of nine songs claimed to have been composed by the plaintiff. The complaint was framed in nine causes of action. The fifth, seventh and eighth causes of action were dismissed upon the trial because plaintiff failed to prove any copyright. Boucicault v. Hart, Fed.Cas.No. 1,692; Cohan v. Richmond, 2 Cir., 86 F.2d 680. The ninth cause of action was dismissed because plaintiff failed to prove that the accused song, “The White Cliffs of Dover” had ever been published, broadcasted, recorded or publicized…