Frankel v. Irwin

HOUGH, Circuit Judge.

Infringement of copyright is a tort, the burden of proving which is on the plaintiff, and it can be committed in only one way: By eopy- . ing some substantial part of that which is lawfully copyrighted.

When the protected matter consists in. a statement of facts, the surest, and often the only, method of proving the copying, is to detect and expose the repetition of error, which original effort in the wrongdoer would have discovered and corrected. When, however, the copyright covers a work of fancy, something that is, or tries to he, pure literature, infringement consists…