Arc Music Corp. v. Bobbi Lee and Joseph Robinson, D/B/A Ben-Ghazi Enterprises

CLARK, Circuit Judge.

Plaintiff asserts plagiarism of its copyrighted song “Billy’s Blues” by defendants’ later copyrighted song “Love Is Strange.” Its claim was stated in two counts, one asking equitable relief for unfair competition or infringement, and the other seeking damages upon which it claimed trial by jury. The trial judge submitted the second count to the jury under an appropriate charge, and the jury returned a defendants’ verdict. Thereafter the judge made his own findings on the first count, saying: “We find as a fact that the two copyrighted melodies herein involved are not…