Ira B. Arnstein
Ira B. Arnstein | |
|---|---|
 Ira B. Arnstein from Musical Observer | |
| Born | April 12, 1879 |
| Died | September 13, 1956 |
| Occupation(s) | songwriter, composer |
Ira B. Arnstein (born Itzig Arenstein April 12, 1879 – September 13, 1956) was a musical composer, songwriter, and "chronic litigator".[1][2]
Arnstein was born in Litzingen, Russia (now Letychiv Ukraine), the son of Bernard Solomon Arnstein and Sophia (Sophie) Kozovoc. He emigrated to the United States when he was eleven.[2] He studied piano at Scharwenka Conservatory in New York. He composed mainly "parlor piano pieces and Yiddish songs", once writing a Jewish national anthem entitled "Soldiers of Zion".[3][4]
Litigation
[edit]It was noted that Arnstein experienced "copyright infringement persecution mania", always certain that others were stealing his work.[2] Arnstein sued Cole Porter, Irving Berlin and Twentieth Century-Fox, among others, for copyright infringement.[5] He picketed ASCAP after being rejected by them for membership. In 1937, he launched a major lawsuit against twenty-three composers and publishers simultaneously and lost them all.[1] In 1941, he sued Broadcast Music International for not only rejecting his application but also for allegedly stealing the music he submitted with his application.[1] In 1946, the Second Circuit court granted Arnstein’s appeal in a suit against Cole Porter.[6] The jurors were directed that in order to find infringement, a "two-pronged test" must be used.[7]
- a plaintiff had to show that the defendant had copied him (using charts or other diagrams)
- the plaintiff had to show that the copying was so extensive that it counted as infringement; a layperson must be able to hear the copied songs as essentially similar
Arnstein lost that lawsuit and had to pay Porter's legal fees.[8] He never won any of the many cases he filed.[9]
References
[edit]- ^ a b c Crain, Caleb (2013-04-30). "A Professional Victim: On Ira B. Arnstein". The Nation. Archived from the original on 2018-08-11. Retrieved 2019-01-02.
- ^ a b c de Brie, Tim (2006-05-05). "Composers Classical Music :: Arnstein, Ira B". CCM.com. Retrieved 2019-01-02.
- ^ Rosen, Gary (2013-01-22). "Plagiarized or original: A playlist for the contested music of Ira B. Arnstein". OUPblog. Retrieved 2019-01-02.
- ^ "Soldiers of Zion Jewish national anthem". The Library of Congress. Retrieved 2019-01-02.
- ^ "(I've Got a Gal in) Kalamazoo Steyn's Song of the Week #309". Steyn Online. Retrieved 2 January 2019.
- ^ "Full Text of Arnstein v. Porter, 154 F.2d 464 (2d Cir. 1946)".
- ^ "5 Copyright Cases Every Songwriter Should Be Aware Of". hypebot. 2007-02-22. Retrieved 2019-01-02.
- ^ "Arnstein v. Porter". H2O Classroom Tools. 1946-02-11. Retrieved 2019-01-02.
- ^ Rosen, Gary (2012-06-01). "Unfair to Genius: Popular Music and Copyright Law in the Age of the Songwriter". Gary Rosen. Retrieved 2019-01-02.
External links
[edit]- Unfair to Genius - book about Arnstein's career by Gary Rosen
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