BRODSKY v. UNIVERSAL PICTURES CO.

No. 333.

149 F.2d 600 (1945)

BRODSKY v. UNIVERSAL PICTURES CO., Inc.

Circuit Court of Appeals, Second Circuit.

May 28, 1945.


Attorney(s) appearing for the Case

Samuel Cooperman, of New York City, for appellant.

Julian T. Abeles, of New York City (Leopold Bleich, of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK. Circuit Judges.


PER CURIAM.

This appeal raises only the question whether the two following findings of the district court were "clearly erroneous"; (1.) that the composer of the defendant's offending composition "never heard, had knowledge of, or access to plaintiff's work, or any copy, notation or form thereof"; (2.) that "no part of defendant's music was based upon, or taken, copied or adapted from, plaintiff's work." The only direct evidence of access by the defendant to the copyrighted...

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