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THE LAW OF MOTION PICTTRES
Section 122. — Use of title after copyright in work expires.
After the literary work falls into the public domain, the title of such work becomes public property as well. It has been noted before that a title is protected only in conjunction with a work with which it has become associated.30 Hence, if the work becomes public property, the title also becomes public property. Anyone may thereafter appropriate the title for use in connection with any literary work.31 The courts will not perpetuate the rights in a literary work under the copyright law upon any theory of unfair competition.32
See also: Simplex Automobile v. Kahnweiler (1914), 162 A. D. (X. Y.) 480; 147 X. Y. Supp. 617. Plaintiff affixed the title “ Simplex ” to an automobile. Defendant affixed the same title to a fire extinguisher. Held, that there could be no recovery.
A discussion of the law of unfair competition including trade names and trade marks is contained in 20 C. C. A. at page 165. See also: 30 C. C. A. 376; 50 C. C. A. 323.
Where the title of a play teas used as the title of a musical composition and the composition was published in such a manner as to lead the public to believe that the musical composition icas a part of the play, when not so in fact, held that the owners of the play were
entitled to an injunction and damages. See: Elkin & Co. v. Francis Day & Hunter (Eng.) (1910), Times, Oct. 27.
30 Black v. Ehrich (1891), 44 Fed. (C. C.) 793; Aronson v. Fleckenstein (1SS6), 28 Fed. (C. C.) 75.
31 Merriam Co. v. Strauss (1904), 136 Fed. (C. C.) 477; Merriam Co. v. Halloway Pub. Co.. (1890), 43 Fed. (C. C.) 450; Merriam Co. v. Texas Siftings Co. (1892), 49 Fed. (C. C.) 944; Merriam Co. v. Famous S. C. Co. (1891), 47 Fed. (C. C.) 411; Merriam v. Saul field (1912), 19S Fed. (C. C. A.) 369.
32 Ogilviev. Merriam Co. (1907), 149 Fed. (C. C.) 858; G. & C. Merriam v. Ogilrie (1908), 159 Fed. (C. C. A.) 638.