the author observes as follows: "In an action for the alleged infringement of the copy right of a play by a motion picture, wherein it appeared that both authors had used life in a boys ' reform school as a background, but the only similarity between the two productions consisted to a few incidents and points in dialogue, such as one would expect to find in stories set against the same background, there was no infringement of copyright" To the same effect are the following observations to` the author: "Where the only evidence of similarities between two plays was based upon the author 's analysis and interpretation of an extensive list of "parallel", from which he infer red that many incidents, scenes and characters in the alleged infringing play were adapted from the plaintiff 's copy righted play but no such resemblance would be apparent i. to an ordinary observer, it was held that the meaning or interpretation which the author gives to his literary work cannot be accepted as a deciding test of plagiarism; and that, in the absence of any material resemblance which could be recognised by an ordinary observation.