TITLE OF A SONG

Otago Daily Times, Issue 23707, 14 January 1939, Page 14

TITLE OF A SONG

CASE BEFORE PRIVY COUNCIL The question whether the title of the famous song “The Man Who Broke the Bank at Monte Carlo ” was “ original and distinctive,” and that to use that title for a film constituted infringement of copyright, was raised recently (says the Manchester Guardian) before the Judicial Committee of the Privy Council. Messrs Francis Day and Hunter presented a petition for special leave to appeal against the decision of the Court of Appeal for Ontario, which had found in favour of the 20th CenturyFox Corporation, Ltd., and Famous Players Canadian Corporation, Ltd. Mr K. E. Shelley, K.C., for Francis Day and Hunter, submitted that if pne had an original and distinctive title no other person was entitled to take it in its entirety and use it for another work, and instanced the case of a person who might write a novel and call it “The man who broke the bank at Monte Carlo.” Counsel remarked that the subject-matter of the song was perhaps a little comic and a little trivial, but he suggested that points of law raised in the case were of great importance. ~ Lord Atkin (presiding): Would the title “Tipperary” apply? Counsel: It depends whether such title is " Original and distinctive. Lord Atkin: Would “ Keep the home fires burning ” be original and distinctive 9 —One answers that according to one’s own personal prejudice. Counsel added that he thought the answer would be “ Yes.” The words “ Keep the home fires burning” conveyed one idea, and one only. Mr E. J. MacGilllvray, for the respondents. regarded as fantastic the suggestion that, even though there was copyright in the work of the song including i f s title, there would be infringement by taking the title for that of a film. 1 .... The committee granted the petition for leave to appeal.