Ira B. Arnstein |
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Ira B. Arnstein from Musical Observer |
Born | April 12, 1879 |
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Died | September 13, 1956 |
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Occupation(s) | songwriter, composer |
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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
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]
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