In the case files, it is stated Mr. Durante is suing Kidssongs over copyright violations of his signature song "Inka Dinka Do". The fragment picks up with Mr. Durante, having finished his testimony stating the song "Skidamarink" (A.K.A. Rinka a dink a doo) borrowed, nay stole the tune from his song and that the lyrics were similar enough to cause confusion. Greg Bautzer, representing Kidsongs, is beginning his cross examination.
Mr. Bautzer: "Now, Mr. Durante, you stated you became aware of this supposed infringement in 1956, is that correct?"
Mr. Durante: "Yes, and it was shockin', I tell ya. I mean, to have da song run down to a nursery rhyme. Not even dat."
Bautzer: "And your first action was to contact your attorney, Mr. Giesler? (nodding to the Plaiintiff's table)"
Durante; "Yes. Dey thought I was all washed up. But I needed to prove to myself I wasn't. So, I pertectin' dis song. You can call it my baby."
Bautzer: : "Mr. Durante, exactly how does my client's work infringe upon yours?"
Durante: "If Your Honor don' mind..."
(A piano is wheeled into the courtroom and Mr. Durante steps down from the stand and seats himself on the bench.)
Durante: "Your Honor and Ladies and Gentlemen of the court, when I wrote this song in 1924, I was eating some good Vermont cheddar Cheese. Somethin' with the cheese just made it sweet. When I sang it for Mrs.Calabash, I had no idea it would be so enduring. Anyway, mine goes like this:
"A little sophisticated, maybe? But nothing like this other piece"
"The melody use is obvious." (Mr Durante steps away from the piano and resumes his testimony on the stand)
Bautzer: "Somehow, Sir. I don't see it. My client's song is strictly a children's nonsense song."
Durante: "And mine is adult nonsense. Same concept. And the melody is almost a copy."
Bautzer: "How can you compare the squeaking of little children to a melody, Sir? I mean, you have many years experience in entertainment. These kids are babies..."
Durante: "...whose folks want to take my very livelihood. I worked hard for it, and I at least want money for it"
Judge: "Mr Bautzer, you are badgering the witness with unfair comparisons. This whole matter is like an Olympic event.
Durante: "Your Honor, I can blow the Olympic rings with my cigar."
Judge: "That, too, irrelevant Mr. Durante. Everybody is wasting my time with this muddle. I am going declare a mistrial with prejudice on this whole matter. Case dismissed..."
Durante: "Everybody wants ta get into the act."