Ray Bradbury v. Columbia Broadcasting System, Inc., a Corporation Martin Manulis and Robert Alan Aurthur

Ray Bradbury, owner of the copyrights in his literary works, The Fireman and Fahrenheit 451, brought this action for infringement, seeking damages and in-junctive relief. He appeals from the judgment denying the relief prayed for in his complaint.

The alleged infringing work is a television production entitled A Sound Of Different Drummers televised by Columbia Broadcasting System on October 3, 1957. Columbia together with Robert Alan Aurthur, who wrote the television script, and Martin Manulis, who produced it, were named defendants.

The appellant will be hereinafter referred to as plaintiff and appellees as defendants.

Bradbury appeals, specifying as error the findings and conclusions that the script entitled A Sound Of Different Drummers was original; that Aurthur did not have access to Bradbury’s copyrighted works prior to the telecast; that Aurthur did not copy from Bradbury’s works; and that there is no similarity in the literary expression.

At the outset of his opinion, 174 F.Supp. 733, 734 , the trial Judge stated:

Access.

Both plaintiff and defendants agree that in the copyright field access means not merely the opportunity to have read or known the contents of a…

(dissenting).

I dissent.

My colleagues first substitute their conclusion for that of the trial judge as to which witnesses are or are not worthy of belief, and secondly, it appears to me they bolster their conclusion by uncritically parroting the appellant’s position that there exist twenty-two alleged similarities from which, my colleagues say, this court must infer both access and copying.

I have believed a trial judge who personally has had the opportunity to observe the conduct and demeanor of the various witnesses was in a better position than an appellate judge to determine who was telling the truth. This Circuit has gone a long way to preserve the integrity of this principle. Ly Shew v. Dulles, 9 Cir., 1954, 219 F.2d 413, 416 , and cases cited in note 12; Mar Gong v. Brownell, 9 Cir., 1954, 209 F.2d 448, 449 ; N.L.R.B. v. Howell Chevrolet Co., 9 Cir., 1953, 204 F.2d 79, 86 , affirmed 346 U.S. 482 , 74 S. Ct. 214 , 98 L.Ed. 215 .

The majority say that “a comparison of Bradbury’s story with the play shows in many important and unimportant details as well that Aurthur actually read the story or had knowledge thereof before and during the writing and production of the…

287 F.2d 478 128 U.S.P.Q. 376 Ray BRADBURY, Appellant, v. COLUMBIA BROADCASTING SYSTEM, INC., a corporation; Martin Manulis; and Robert Alan Aurthur, Appellees. No. 16626. United States Court of Appeals Ninth Circuit. Jan. 20, 1961, Rehearing Denied March 22, 1961. 1 Sanford I. Carter, Gerson Marks, Beverly Hills, Cal., for appellant. 2 Lillick, Geary, McHose, Roethke & Myers, William A. C. Roethke, Anthony Liebig, Los Angeles, Cal., for appellees. 3 Before BARNES and HAMLEY, Circuit Judge, and FOLEY, District Judge. 4 FOLEY, District Judge. 5 Ray Bradbury, owner of the copyrights in his literary works, The Fireman and Fahrenheit 451, brought this action for infringement, seeking damages and injunctive relief. He appeals from the judgment denying the relief prayed for in his complaint. 6 The alleged infringing work is a television production entitled A Sound Of Different Drummers televised by Columbia Broadcasting System on October 3, 1957. Columbia together with Robert Alan Aurthur, who wrote the television script, and Martin Manulis, who produced it, were named defendants. 7 The appellant will be hereinafter referred to as plaintiff and appellees as defendants. 8 Bradbury…