Betty on Trial: who owns the Boop-Oop-a-Doop?
In 1934, Betty Boop was the subject of a very real court case. The case grabbed headlines and had the court stenographer in tangles trying to keep up … who was the true owner of the ‘Boop-Oop-a-Doop’?
I was watching one of Betty Boop’s cartoons from 1932 this week and nearly choked on my coffee at some of the themes – until it dawned on me that this wasn’t actually an animation for kids. In her early years, Betty’s cartoons were strictly aimed at adults, shown in cinemas before the main feature.
This was the one - see from six minutes in for peak discomfort…
The beloved character of Betty Boop shot to fame in the 1930s and was the first animated sex symbol. She was created by Fleischer Studios, a major rival to Disney at the time, and in 1934 they faced a big bump in their Boop success: they were taken to court by a real-life ‘Betty’.
Had Fleischer stolen Betty’s likeness and Boop-Oop-a-Doop?
The case of Helen Kane
Oddly enough, in Betty’s first appearance she was part French poodle. Bimbo the dog - Fleischer Studios’ ‘Mickey Mouse’ - needed a ‘Minnie’, so Betty was brought in as a fleeting love interest. But her cameo was so popular that this Minnie became the star of her own series.
In an excerpt of a new book, The Life and Times of Betty Boop (2023), author Peter Benjaminson shares Betty’s origin story:
“Early one morning in 1930, Dave Fleischer told animator Grim Natwick to design a girl dog who would costar with Bimbo in a cartoon to be titled “Dizzy Dishes.” Natwick was told that the new character, as yet unnamed, would be singing a “boop-oop-a-doop” song similar to those sung by Helen Kane. Fleischer also handed Natwick a picture of Kane … Above Betty’s ears, he provided her with one of the popular feminine hairstyles of the day, singer and actress Helen Kane’s spit curls.”
So who was Helen Kane?
Kane was a famous jazz singer known for her suggestive lyrics and baby-like singing. When Betty stole the show, her dog ears became earrings and she was redrawn as a Jazz Age flapper girl with large eyes, button nose, micro-mini skirt and a squeaky voice. Many saw the similarities to Helen Kane.
Kane saw them, too. She decided to sue Fleischer Studios for $250,000 over the imitation, and for stealing her signature ‘Boop-Oop-a-Doop’ vocal.
Listen to Helen Kane here - what do you think?
The stylings of Baby Esther
In court, the studio’s defence had a plan. They argued that Kane's style of singing – characterised by her baby voice and ‘boop-boop-a-doop’ sounds - wasn’t her own invention. In fact, it was used by several performers of the day.
They brought in three Betty voice actors to testify that they hadn’t copied Kane - all taking turns to perform their own boop-boop sounds for the judge! The stenographer struggled to keep up.
Then came the defence’s trump card. It was testified that several years earlier in 1928, Kane had seen African-American performer, Baby Esther, in her cabaret act – where Esther had used very similar sounds and style. An early test film of Baby Esther's performance was shown as evidence and Kane ultimately lost the case.
According to Fleischer Studios today, Betty wasn’t based on any one performer. The animators were inspired by the spirit of the times and many performers on the scene who all fed into their character. They discuss Baby Esther and her legacy more here.
The voice behind Betty
Several women voiced Betty over the years, but Mae Questel - one of the women who testified at the court case, and the voice of Olive Oyl - was booping as Betty for nine years throughout the height of her fame in the 30s. Mae was even brought back 50 years later for a Roger Rabbit cameo!
If you want more Betty, she made a 2023 comeback with Boop! The Musical, a show created by all-star talent that follows Betty into modern-day New York.
It’s that ringmaster that should have been put on trial! 😂 How times have changed! No-one batted an eyelid back then. Love reading about these real life inspirations.