In Kovacs v. Mutual Broadcasting System (1950) 99 Cal.App.2d 56, the court declared: "Proof of substantial similarities gives rise to an inference of both access and copying. The weight to be given the inference as against direct evidence of nonaccess and noncopying is a question for the trier of fact. There can be no copying in the absence of similarity. Whether there are substantial similarities to give rise to an inference of access and copying is one of fact to be determined by a comparison of the two works upon the basis of the 'impression received by the average reasonable man.' The implied finding of the jury of similarity is binding upon a reviewing court if supported by substantial evidence. "