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| Helen Kane Who Lost In Court For Not Being Original Cannot Copyright Betty Boop's Voice or Image So She Loses Case Again[1] |
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The Appellate Division of the N.Y. Supreme court on Friday (1) unanimously sustained the ruling of Justice, Edward J. McGoldrick in dismissing the $250,000 action brought two years ago by Helen (Boop-a-Doop) Kane against Max Fleischer and Paramount-Publix.
This decision prohibits Miss Kane from further appeal. Miss Kane based her action on the grounds that Fleischer and Paramount used her voice and originality in the cartoons by Fleischer in his "Out of the Inkwell" shorts, without her permission.
She also sought an injunction, Judge Carew held no one could copyright a voice and Miss Kane did not hold the copyright on the actions of the Fleischer character.
Fleischer Studios, Inc and the Cameo Doll Co, Y.S Federal Judge John M. Woolsey in N.Y, yesterday (Tuesday), branded the defendant, Ralph A. Freundlich, president of the Ralph A. Freundlich, Inc, doll makers, a commercial parasite and recommended that the U.S attorney investigate to see if Freundlich could be prosecuted on criminal charges.
The suit brought against Freundlich charged he and his company with infringement upon the copyrighted cartoon characters of 'Betty Boop' which Max Fleischer originated in the making of dolls. The defendants claimed the Fleischer copyright was invalid in that Helen Kane was the originator of the character.
Freundlich at the trial impressed me as belonging to the common type of commercial parasite, said the judge in his opinion, who endeavors slyly to benefit from the work done and the good will achieved by others. Besides the award granted the plaintiffs, the court directed the defendants to pay $15,000 fees to the plaintiff's counsel.