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On this day, August 4, 1904, Helen Kane was born. Or was that Betty Boop?
Wed Aug 4, 2021: On this day, August 4, 1904, Helen Kane was born. Or was that Betty Boop?
Case dismissed? Hmmmmmm.
Helen Kane
Kane in 1929
Born: Helen Clare Schroeder; August 4, 1904; The Bronx, New York City, U.S.
Died: September 26, 1966 (aged 62); Jackson Heights, Queens, New York City, U.S.
Helen Kane (born Helen Clare Schroeder, August 4, 1904 – September 26, 1966) was an American singer and actress. Her signature song was "I Wanna Be Loved by You" (1928), featured in the 1928 stage musical Good Boy. The song was written for Good Boy by the songwriting team Kalmar and Ruby. Kane's voice and appearance were thought to be a source for Fleischer Studios animators when creating Betty Boop. Kane attempted to sue the studio for claims of stealing her signature "boop-a-doop" style. However, the judge decided that there was not sufficient proof of this, thus dismissing the case.
{snip}
Kane v. Fleischer
This comparison between Kane and Betty Boop was published in Photoplay's April 1932 issue, one month before the lawsuit was filed.
In 1930, Fleischer Studios animators introduced what was alleged to be a caricature of Helen Kane, with droopy dog ears and a squeaky singing voice, in the Talkartoons cartoon Dizzy Dishes. "Betty Boop", as the character was later dubbed, soon became popular and the star of her own cartoons. In 1932, Betty Boop was changed into a human, the long dog ears becoming hoop earrings.
In 1932, Kane filed a $250,000 (equivalent to $4.7 million in 2020) infringement lawsuit against Max Fleischer and Paramount for unfair competition and exploitation of her personality and image. Before his death, cartoonist Grim Natwick admitted he had designed a young girl based upon a photo of Kane. Margie Hines, Mae Questel, Bonnie Poe, Little Ann Little, and Kate Wright provided the voice for Betty Boop. They had all taken part in a 1929 Paramount contest, which was a search for Helen Kane impersonators.
The actual trial took place in April and early May 1934, and lasted approximately two weeks. It was claimed in court that Kane based her style in part on Baby Esther, a child African American dancer and entertainer of the late 1920s, known for impersonating Florence Mills. Variety stated Esther was seven years old, but there is some evidence to suggest she was actually nine. Baby Esther had arrived for the first time in NYC in April or May 1928, playing in a pocket-sized nightclub called The Everglades. Theatrical manager Lou Bolton offered testimony during the Kane v. Fleischer trial to convey the impression that Helen Kane adopted Baby Esther's boops to further her own popularity as a singer. Esther's act at The Everglades included an impersonation of the late Florence Mills. Under cross-examination Bolton said that he had met with Kane at the club after Esther's performance, but could not say when she had walked in. Bolton also stated that Fleischer's lawyers had paid him $200 to come to New York. The Fleischers used as defense a film of Baby Esther, made in 1928, featuring her singing three songs that had earlier been popularized by Helen Kane – "Don’t Be Like That", "Is There Anything Wrong with That?”" and "Wa-da-da" – which writer Mark Langer says "was hardly proof that Helen Kane derived her singing style from Baby Esther". However Jazz Studies scholar Robert O'Meally stated this evidence might very well have been fabricated by the Fleischers to discredit Kane, whom they later admitted to have been their model for Betty Boop. O'Meally also questioned if there was some sort of deal between Fleischer Studios and Bolton, and questioned if Esther was ever paid for her presumed loss of revenue.
Other attempts to discredit Kane at the trial came in the form of phonograph recordings of Annette Hanshaw and the Duncan Sisters, and a piece of 1915 sheet music that was entitled Bou Dou BaDa Bou (which was actually French, and was not "scat" because it was someone's name). The five women who did the Betty Boop voice in the cartoons also testified, claiming they always 'booped' that way, even around the house. Based on the totality of the information presented before him and without a jury, Judge McGoldrick found "insufficient evidence to support the plaintiff's claim" and found in favor of the defendants on May 5, 1934.
{snip}
Kane in 1929
Born: Helen Clare Schroeder; August 4, 1904; The Bronx, New York City, U.S.
Died: September 26, 1966 (aged 62); Jackson Heights, Queens, New York City, U.S.
Helen Kane (born Helen Clare Schroeder, August 4, 1904 – September 26, 1966) was an American singer and actress. Her signature song was "I Wanna Be Loved by You" (1928), featured in the 1928 stage musical Good Boy. The song was written for Good Boy by the songwriting team Kalmar and Ruby. Kane's voice and appearance were thought to be a source for Fleischer Studios animators when creating Betty Boop. Kane attempted to sue the studio for claims of stealing her signature "boop-a-doop" style. However, the judge decided that there was not sufficient proof of this, thus dismissing the case.
{snip}
Kane v. Fleischer
This comparison between Kane and Betty Boop was published in Photoplay's April 1932 issue, one month before the lawsuit was filed.
In 1930, Fleischer Studios animators introduced what was alleged to be a caricature of Helen Kane, with droopy dog ears and a squeaky singing voice, in the Talkartoons cartoon Dizzy Dishes. "Betty Boop", as the character was later dubbed, soon became popular and the star of her own cartoons. In 1932, Betty Boop was changed into a human, the long dog ears becoming hoop earrings.
In 1932, Kane filed a $250,000 (equivalent to $4.7 million in 2020) infringement lawsuit against Max Fleischer and Paramount for unfair competition and exploitation of her personality and image. Before his death, cartoonist Grim Natwick admitted he had designed a young girl based upon a photo of Kane. Margie Hines, Mae Questel, Bonnie Poe, Little Ann Little, and Kate Wright provided the voice for Betty Boop. They had all taken part in a 1929 Paramount contest, which was a search for Helen Kane impersonators.
The actual trial took place in April and early May 1934, and lasted approximately two weeks. It was claimed in court that Kane based her style in part on Baby Esther, a child African American dancer and entertainer of the late 1920s, known for impersonating Florence Mills. Variety stated Esther was seven years old, but there is some evidence to suggest she was actually nine. Baby Esther had arrived for the first time in NYC in April or May 1928, playing in a pocket-sized nightclub called The Everglades. Theatrical manager Lou Bolton offered testimony during the Kane v. Fleischer trial to convey the impression that Helen Kane adopted Baby Esther's boops to further her own popularity as a singer. Esther's act at The Everglades included an impersonation of the late Florence Mills. Under cross-examination Bolton said that he had met with Kane at the club after Esther's performance, but could not say when she had walked in. Bolton also stated that Fleischer's lawyers had paid him $200 to come to New York. The Fleischers used as defense a film of Baby Esther, made in 1928, featuring her singing three songs that had earlier been popularized by Helen Kane – "Don’t Be Like That", "Is There Anything Wrong with That?”" and "Wa-da-da" – which writer Mark Langer says "was hardly proof that Helen Kane derived her singing style from Baby Esther". However Jazz Studies scholar Robert O'Meally stated this evidence might very well have been fabricated by the Fleischers to discredit Kane, whom they later admitted to have been their model for Betty Boop. O'Meally also questioned if there was some sort of deal between Fleischer Studios and Bolton, and questioned if Esther was ever paid for her presumed loss of revenue.
Other attempts to discredit Kane at the trial came in the form of phonograph recordings of Annette Hanshaw and the Duncan Sisters, and a piece of 1915 sheet music that was entitled Bou Dou BaDa Bou (which was actually French, and was not "scat" because it was someone's name). The five women who did the Betty Boop voice in the cartoons also testified, claiming they always 'booped' that way, even around the house. Based on the totality of the information presented before him and without a jury, Judge McGoldrick found "insufficient evidence to support the plaintiff's claim" and found in favor of the defendants on May 5, 1934.
{snip}