Darrell v. Joe Morris Music Co.

This appeal depends upon whether the judge’s finding that Sherman and Silver did not copy the plaintiff’s composition was “clearly erroneous” under Rule 52 (a), Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c. The strength of the plaintiff’s case lies in the substantial identity of a se-' quence of eight notes in his song and theirs; and indeed, that hardly does justice to the similarity between the two, because the sequence reappears in each song so frequently as to constitute the greater part of each. This makes the two, when rendered, so much alike to the…