FRANKEL v. IRWIN


34 F.2d 142 (1918)

FRANKEL v. IRWIN et al.

District Court, S. D. New York.

May 28, 1918.


Attorney(s) appearing for the Case

Philip W. Haberman and Jos. A. Arnold, both of New York City, for plaintiff.

Stern & Reubens, of New York City, for defendants.


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 copying 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...

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