ssly for this Work_, was found (_Dickens_ v. _Lee_, 1844, 8 Jur.
183) to be an invasion of Charles Dickens's copyright in the original.

Injurious works.

10. There can be no copyright in any but innocent publications. Books of
an immoral or irreligious tendency have been repeatedly decided to be
incapable of being made the subject of copyright. In a case (_Lawrence_
v. _Smith_, 1 Jac. 471) before Lord Eldon in 1822, an injunction had
been obtained against a pirated publication of the plaintiff's _Lectures
on Physiology, Zoology, and the Natural History of Man_, which the judge
refused to continue, "recollecting that the immortality of the soul is
one of the doctrines of the Scriptures, and considering that the law
does not give protection to those who contradict the Scriptures." The
same judge refused in 1822 to restrain a piracy of Lord Byron's _Cain_,
and _Don Juan_ was refused protection in 1823. Compare also _Cowan_ v.
_Milbourn_, 1867, L.R. 2 Ex. 230, in which a contract to let a room for
lectures of an irreligious character was held not to be binding.

Titles of works.

11. The quasi-copyright in titles of books, periodicals, &c. is founded
on the desirability of preventing one person from putting off on the
public his own productions as those of another. This is, however, not
copyright, but a question of ordinary fraud. The name of a journal (if
sufficiently established) is a species of trade-mark in which the law
recognizes what it calls a "species of property," provided any
misleading of the public is involved. Thus, the _Wonderful Magazine_ was
invaded (1803) by a publication calling itself the _Wonderful Magazine,
New Series Improved_. _Bell's Life in London_ was pirated (1859) by a
paper calling itself the _Penny Bell's Life_. The proprietors of the
_London Journal_ got an injunction (1859) against the _Daily London
Journal_, which was projected by the person from whom they had bought
their own paper, and who had covenanted with them not to publish any
_weekly_ journal of a similar nature. A song published under the title
of _Minnie_, sung by Madame Anna Thillon and Miss Dolby at Monsieur
Jullien's concerts, was invaded (1855) by a song to the same air
published as _Minnie Dale, Sung at Jullien's Concerts by Madame Anna
Thillon_. On the other hand, the _Sphere_ and _Spear_, titles of
misleading similarity, assumed by two weekly periodicals that appeared
almost simultaneously in London in 1900, co