Moreover, Gaste's expert witness testified that the two tunes were not substantially similar. Judge Newman acknowledges that “evaded resolution” is more a musical idea than it is expression, but suggests that its use at a particular moment within a work might amount to expression. The figures for Kaiserman presented to the jury included royalties from foreign performances, which the District Court later excluded from the damages award. We also note that on the issue of originality, as compared to the issue of compliance with statutory formalities, it is even clearer that copyright registration created a presumption of validity under the 1909 Act. Feelings It says only that the certificate shall be prima facie evidence "of the facts stated therein." The jury was also told that only Fermata was entitled to reductions to cover the costs it incurred. He also said that the music and the words were inseparable and refused to estimate any percentage any percentage division. . Both nations are signatories of the Berne Convention. The burden is on the infringer to prove his costs. Although the record is not entirely clear on Kaiserman's revenue, the relevant figure appears to be $265,000. Dalida - Tu peux tout faire de moi (1957) - The Overjazz Channel aims to offer only the best recordings of the begining era of modern music. In mid-1975, "Feelings" peaked at number 6 on the Billboard Hot 100 and numb The guiding principle in deciding whether to overturn a jury verdict for insufficiency of evidence is "`whether the evidence is such that, without weighing the credibility of the witnesses or otherwise considering the weight of the evidence, there can be but one conclusion as to the verdict that reasonable men could have reached.'" The legislative history of section 410 of the 1976 Act, although obviously not controlling our interpretation of the 1909 Act, is nonetheless illuminating. An adaptation is a musical work which uses most of the music or lyrics of another musical work. In Appellants contend that undue reliance on striking similarity to show access precludes protection for the author who independently creates a similar work. But in "Pour Toi" and "Feelings," this normal resolution is "evaded." The parties agreed that Fermata’s gross revenues from “Feelings” for the relevant time period were, in round numbers, $337,000. Appellants asked for an instruction that would have told the jury it could not base its findings on mere speculation or conjecture. Among the most notable versions was one by Access through third parties connected to both a plaintiff and a defendant may be sufficient to prove a defendant’s access to a plaintiff’s work.
Gaste contended at trial that Kaiserman had gained access to Gaste's virtually unknown song through Enrique Lebendiger, the owner of Fermata, which was Kaiserman's publisher. Defendants appeal from Judge Conner's denial of a new trial or judgment notwithstanding the verdict on several grounds. On the other hand, there was also evidence that “Dis Lui,” a French version of “Feelings” with completely different words, also had considerable success. Irma La Douce Album by Colette Renard. Richard I. Wolff, New York City, for defendant-appellant Fermata International Melodies, Inc.
Judge Conner did tell the jurors several times, however, that they could find access only if Kaiserman had a "reasonable opportunity" to see or hear "Pour Toi." The House Report on the 1976 Act says that by expressly creating a presumption of Although the statutory formalities of the 1909 Act were generally stricter and less forgiving than the corresponding provisions of the 1976 Act, we believe that the reasoning of the 1976 House Report is applicable nonetheless. Defendants also argued at trial that the lyrics must have had some effect because "Pour Toi" had virtually no commercial success, while "Feelings" was a smash hit. Appellants' other contentions have been considered and rejected. The melodies of all the works mentioned here open with a falling fifth. Feelings is a song made famous by Morris Albert's 1974 single. He said a well-known lyricist or composer could draw a larger share and that a “bad” lyricist might get as little as 15 percent.
Appellants next attack the jury's conclusion that they copied Gaste's work. Its not surprising, therefore, that the plaintiff made much of this commonality between the works.The video clip is from the work for which “Pour Toi” was written — “Le Feu aux Poudres,” (1957) a movie directed by Henri Decoin about an undercover policeman infiltrating a gang of drug traffickers.