ARNSTEIN

v.

PORTER

Citator

Cited By

• SID & Marty Krofft Television Prods., Inc. v. McDONALD'S Corp. & Needham, 562 F.2d 1157 (9th Cir. 1977)
  …nable reader and spectator.” Because this is an intrinsic test, analytic dissection and expert testimony are not appropriate. This same type of bifurcated test was announced in Arnstein v. Porter, 154 F. 2d 464, 468-69 (2 Cir. 1946), cert. denied, 330 U.S. 851, 67 S.Ct. 1096, 91 L.Ed. 1294 (1947). The court there identified two separate elements essential to a plaintiff’s suit for infringement: copying and unlawful appropriation. Under the Arnstein doctrine, the distinction is significant because of the d…
• Baxter v. MCA, Inc., 812 F.2d 421 (9th Cir. 1987)
  …rofft, 562 F. 2d at 1164. “Analytic dissection” and expert testimony are not called for; the gauge of substantial similarity is the response of the ordinary lay hearer. Id., quoting Arnstein v. Porter, 154 F. 2d 464, 468 (2d Cir.1946), cert. denied, 330 U.S. 851, 67 S.Ct. 1096, 91 L.Ed. 1294 (1947). Accordingly, in Krofft, this Court rejected extrinsic analysis of similarities and differences among characters in plaintiff’s television show and defendants’ TV commercials, in favor of asking whether the defe…
• Franklin Mint Corp. v. Nat'l Wildlife ART Exch., Inc., 575 F.2d 62 (3d Cir. 1978)
  …nfer copying when direct evidence is lacking. See Reyher v. Children’s Television Workshop, 533 F. 2d 87 (2d Cir.), cert. denied, 429 U.S. 980, 97 S.Ct. 492, 50 L.Ed.2d 588 (1976); Arnstein v. Porter, 154 F. 2d 464, 468 (2d Cir. 1946), cert. denied, 330 U.S. 851, 67 S.Ct. 1096, 91 L.Ed. 1294 (1947). To reconcile the competing societal interests inherent in the copyright law, copyright protection has been extended only to the particular expression of an idea and not to the idea itself. See Mazer v. Stein, s…