"It's A Hap-Hap-Happy Day" and "Whistle While You Work"

[The Spectre]

Any idea why they almost entirely ripped off the tune of a song from Snow White to use as a song for Gulliver's Travels?

[Thad]

Funny, I've loved that tune for years from listening to Fleischer and Famous soundtracks, but I've never connected it in anyway to the Disney song.

[Bugsmer]

Now that you mention it, they sound exactly the same. I'd never noticed it before. Thanks for pointing that out, Spectre. I guess that one quick way to make a surefire memorable song is to take the melody of an already very popular song.

[Mr. Semaj]

The similarity between the two songs can be made into a bigger question as to why the Fleischers made Gulliver's Travels.

The simple answer is that the Fleichers were riding on the success of Disney's Snow White at the time.

[J Lee]

Changing a few notes in a popular song to create another song is a time-honored tradition. The trick is to change it just enough to avoid any legal action. Sharples' tune fits that bill, since the key notes don't rise and fall in the same way as in "Whistle While You Work." An example of not changing it enough to make a difference can be found in MGM's rip-off of Cole Porter's "Be A Clown" for the Donald O'Conner "Make 'em Laugh" number for "Singin' in the Rain". That's a case where the key notes are exactly the same, and there's no way to mask the plagarism.

[Ray Pointer]

It's interesting to note that while IT'S A HAP-HAP-HAPPY DAY is so melodically similar to WHISTLE WHILE YOU WORK, it took three composers, Winston Sharples, Sammy Timberg, and Al Neiberg to "write" it. The story was that while on a lunch brake, one of them happened to whistle the Irish traditional tune, "The Girl I Left Behind," which has been heard in many cartoons during battle scenes, or conclusions that lampooned the Revolutionary War. (It's the piece used at the end of an early Bugs Bunny cartoon where he pantomimes playing a fife, and walks stiff legged, down into his rabbit hole.) Whether Frank Churchill, the composer for WHISTLE WHILE YOU WORK had the same concept is unknown, but the opening phrase does have a military flare, a sample of the "call to arms" bugle call.Interestingly, IT'S A HAP-HAP-HAPPY DAY was used during the Disney paradein Cecil B. DeMille's circus epic, THE GREATEST SHOW ON EARTH.

[Detroiter]

It's interesting to note that while IT'S A HAP-HAP-HAPPY DAY is so melodically similar to WHISTLE WHILE YOU WORK, it took three composers, Winston Sharples, Sammy Timberg, and Al Neiberg to "write" it.
It probably took the three of them to change it enough to keep out of trouble.

Frank

[cpdavison]

Have you ever noticed how many Disney songs are either about whistling or at least contain whistling?

Just something I noticed from repeated viewing of my daughter's "Sing-A-Long" videos.

Craig D.

[Ray Pointer]

It probably took the three of them to change it enough to keep out of trouble.

Frank

That's more of a speculation assuming that it was a deliberate steal. It may have been more of a subconscious form of plagerism similar to George Harrison's MY SWEET LORD being the same melody as HE'S SO FINE by The (Chiffons) or Shirelles. In this case there was no changing of musical phrases. It was the same melody, which resuted in the lawsuit decided in the favor of The Shirelles( Chiffons). Knowing how protective Disney was of its properties, it's interesing to note that there was no plagerism suit launch over IT'S A HAP-HAP-HAPPY DAY. What was to be gained by it? We know the difference, don't we?

[The Spectre]

It's interesting to note that while IT'S A HAP-HAP-HAPPY DAY is so melodically similar to WHISTLE WHILE YOU WORK, it took three composers, Winston Sharples, Sammy Timberg, and Al Neiberg to "write" it.


Both the Fleischer animated features contain a bunch of songs by big-time songwriters (Ralph Rainger and Leo Robin for GULLIVER, Hoagy Carmichael and Frank Loesser for HOPPITY/MR BUG) and one song each from in-house writers ("It's A Hap-Hap-Happy Day" and "Boy Oh Boy"). I wonder why that is?

The story was that while on a lunch brake, one of them happened to whistle the Irish traditional tune, "The Girl I Left Behind," which has been heard in many cartoons during battle scenes, or conclusions that lampooned the Revolutionary War.

Yeah, the first few notes sound the same... closer to "It's A Hap-Hap-Happy Day" than to "Whistle While You Work" actually.

Interestingly, IT'S A HAP-HAP-HAPPY DAY was used during the Disney paradein Cecil B. DeMille's circus epic, THE GREATEST SHOW ON EARTH.

Hmm, maybe DeMille (or whoever) confused the two songs? Or maybe he didn't have the rights to a genuine Disney song and so used something which sounded like one?

[J Lee]

Hmm, maybe DeMille (or whoever) confused the two songs? Or maybe he didn't have the rights to a genuine Disney song and so used something which sounded like one?

Cecil B's home base was Paramount Pictures, which of course owned the rights to "It's A Hap-Hap-Happy Day". Given how much money Mr. DeMille was spending on his all-star production, cutting a few dollars from the budget by not having to pay royalties for a song was probably something that made the bean counters on Gower Street hap-hap-happy (though it would have been funnier if DeMille had used the song in his next Paramount spectacular, "The Ten Commandments" ;) )

[Sogturtle]

Cecil B's home base was Paramount Pictures, which of course owned the rights to "It's A Hap-Hap-Happy Day". Given how much money Mr. DeMille was spending on his all-star production, cutting a few dollars from the budget by not having to pay royalties for a song was probably something that made the bean counters on Gower Street hap-hap-happy (though it would have been funnier if DeMille had used the song in his next Paramount spectacular, "The Ten Commandments" ;) )

John and all~

Yeah that's basically the same thing I started to post earlier (minus "The Ten Commandments" joke ;)).

And as mentioned for an example by Ray earlier, the unfortunate incident when George Harrison "unconsciously" plagiarized the music from the Shirelles "He's So Fine" (for "My Sweet Lord") was only resolved at TREMENDOUS cost (and that after a seeming-interminable court battle). Ifffff I recall rightly, Harrison was ordered to pay $5,000,000 (correct me if I have the wrong amount) to the owners of the earlier song!!! The comical thing in it all, was that economically "He's So Fine" had not had any REAL economic value since its spell in the Top Forty... That is until Harrison blundered in with "My Sweet Lord":p.

Fellow-former-Beatle John Lennon totally disbelieved Harrison's claim of "unconscious" plagiarism, stating (rough quote) "Of COURSE he knew what he was doing! I've done it many times myself, you just have to remember to CHANGE a few key things just before it's recorded." [He then jokingly speculated that maybe Harrison thought his Hindu deities were somehow going to protect him from a lawsuit. Lennon himself DELIBERATELY appropriated a few words from an early Chuck Berry song as a tribute to Berry in "Come Together"... for which he got sued also!]. Sooooo remember boys and girls to ALWAYS change a few key notes (or words) when you're copping part of somebody else's song!!:D

Which brings us back to the original question of the similarity between "It's A Hap-Hap-Happy Day" and "Whistle While You Work"...:)

[Ray Pointer]

[QUOTE=Hmm, maybe DeMille (or whoever) confused the two songs? Or maybe he didn't have the rights to a genuine Disney song and so used something which sounded like one?[/QUOTE]

There was no confusion there. They were not that stupid. Considering the fact that Parmount owed the music, the reason should be obvious as to why it was used. While Demille was close friends with Walt Disney, Paramount had no interest in paying Disney for the use of one of his songs when they already owned a sound alike.

[Ray Pointer]

Ifffff I recall rightly, Harrison was ordered to pay $5,000,000 (correct me if I have the wrong amount) to the owners of the earlier song!!! The comical thing in it all, was that economically "He's So Fine" had not had any REAL economic value since its spell in the Top Forty... That is until Harrison blundered in with "My Sweet Lord"

"...:)

OT--the suit went on for some time, and the results were announced in May, 1977 with "He's So Fine" cited as the original song. I remember distinctly because I was in the Navy at the time. I went to Boot Camp at Great Lakes, Illinois in October, 1976. There was a kid there named "Denum," who was a religious freak about the Beatles. I mentioned the similarity of the melodies of "He's So Fine" and "My Sweet Lord," and he wanted to launch into a fight with me. I guess I violated his religion by daring to suggest the obvious. Needless to say, the results of the court decision came seven months later. I was at Naval Air Station Mirmar when I heard the news, and I wished I could have seen the look on the face of ol' "Hit the Deck Denum" at hearing this.

Now, back to our program!:bosko:

[cpdavison]

Doo Lang Doo Lang Doo Lang?

Toodle Oodle Oodle Ay!

ACTIONABLE!!!

Judge Craig D.

[Sogturtle]

Doo Lang Doo Lang Doo Lang?

Toodle Oodle Oodle Ay!

ACTIONABLE!!!

Judge Craig D.

It's NOT "Toodle Oodle Oodle Ay!"

It's "Turtle Urtle Urtle Ay!" :p;):D

[Mo Levy told me so]
(I'll see you in court, bring your tennis racket...:D:daffy: )

[Leviathan]

I just finsihed playing both songs on a piano. If the Fleischer songwriters were deliberately trying to steal from Disney, they did a damn good job of masking the fact

[frizfrelengfan]

(It's the piece used at the end of an early Bugs Bunny cartoon where he pantomimes playing a fife, and walks stiff legged, down into his rabbit hole.)
"A Wild Hare" (considered the first true Bugs Bunny cartoon)

And as mentioned for an example by Ray earlier, the unfortunate incident when George Harrison "unconsciously" plagiarized the music from the Shirelles "He's So Fine" (for "My Sweet Lord") was only resolved at TREMENDOUS cost (and that after a seeming-interminable court battle). Ifffff I recall rightly, Harrison was ordered to pay $5,000,000 (correct me if I have the wrong amount) to the owners of the earlier song!!! The comical thing in it all, was that economically "He's So Fine" had not had any REAL economic value since its spell in the Top Forty... That is until Harrison blundered in with "My Sweet Lord":p.
At least Harrison had a sense of humor about the whole thing. He later wrote and recorded a song with lyrics something like "This song doesn't violate anyone's copyright."

[Sogturtle]

At least Harrison had a sense of humor about the whole thing. He later wrote and recorded a song with lyrics something like "This song doesn't violate anyone's copyright."

Frizfrelengfan~

Yeah Harrison DID try to create a bit of humor out of his (self-created) disaster. He actually wrote TWO songs dealing with his court travails, the first was the ever-so-somber "Sue Me, Sue You Blues" which as I recall was about both the massive lawsuits filed to formally dissolve the Beatles and the early part of the mess-royal of "My Sweet Lord".

Harrison in interview remembered that a bunch of musicologists had been brought into court attempting to demonstrate that there were about 20 or 25 songs employing the same structure and note sequence (as "He's So Fine"). The highlight of the trial was Harrison standing in the court with his guitar having to play the key parts of "He's So Fine" and "My Sweet Lord" over and over and over again!:p. He commented that after the judge's decision, he'd had to make a decision himself how to treat it, and he wisely opted for a humorous approach. (And writing a light-hearted, slightly humorous song was FAR more likely to yield a hit record and help replenish some of the fortune he'd had to pay out... George was noted for his closeness with a buck;)).

Buuuut anywho, the song you're a-thinkin' of was his second lawsuit one, and it was simply entitled "This Song"... He even went so far as to create an elaborate and humorous video (actually on film) for it! It opens with Harrison being dragged handcuffed by a large bearded cop into court!!:p And then proceeds with his singing the NEW ditty while smiling before the judge, and blonde court-reporter (who hammers out the beat on her machine which turns into a keyboard:cool: ). Later we see the whole courtroom rocking and the ever-so-official middle-aged bailiff even rockin' out on an electric guitar (which looks a lot like Harrison's own legendary guitar "Rocky") and also that one lawyer has Dracula fangs!!:daffy: It's a funny video and helped out the release of the song (and album). Harrison at least made back PART of the fortune he'd paid out in the judgement (and legal costs) via this very song.

Sooooo once again kids, ALWAYS remember to make those subtle changes when you swipe somebody else's song!!! ;) The cartoon composers knew to do that...

[mmtper]

Back through the 1930's-50's there was a fairly well known musicologist/composer/author named Sigmund Spaeth, aka "The Tune Detective". He had a radio show where he could show that every current popular tune had their roots in classical or traditional folk music. He even appeared as an expert witness in musical plagarism cases, usually for the defense, to show all tunes had already been written, that new composers just slice and dice and reassemble the pieces. For instance, Spaeth demonstrated that the hit song "Yes We Have No Bananas" had aspects of "My Bonnie Lies Over the Ocean," "I Dreamt That I Dwelt in Marble Halls," "Seeing Nellie Home," and the "Hallelujah Chorus" from Handel's Messiah! So I'm sure if it came to a trial Spaeth would've been called to "prove" that "Whistle While You Work" had already been in a cantata by Bach or something. George Harrison could've used him.

By the way, here's a unique version of "Yes We Have No Bananas", sung by Al Jolson & ensemble from a 1930 movie Mammy. Be warned, they're in Minstrel Blackface (we all know the historic context):

http://www.youtube.com/watch?v=Q56x5YDTCwo&NR

[Sogturtle]

Back through the 1930's-50's there was a fairly well known musicologist/composer/author named Sigmund Spaeth, aka "The Tune Detective". He had a radio show where he could show that every current popular tune had their roots in classical or traditional folk music. He even appeared as an expert witness in musical plagarism cases, usually for the defense, to show all tunes had already been written, that new composers just slice and dice and reassemble the pieces. For instance, Spaeth demonstrated that the hit song "Yes We Have No Bananas" had aspects of "My Bonnie Lies Over the Ocean," "I Dreamt That I Dwelt in Marble Halls," "Seeing Nellie Home," and the "Hallelujah Chorus" from Handel's Messiah! So I'm sure if it came to a trial Spaeth would've been called to "prove" that "Whistle While You Work" had already been in a cantata by Bach or something. George Harrison could've used him.
....

Mmtper~

That is interesting, I remember reading a teeny bit about "The Tune Detective" once... When the program started in 1931 it aired on NBC's 'Blue Network', and Spaeth was even written up in Time magazine back then for his efforts. From the sound of it he was in many ways a brilliant guy, gifted with a terrific memory:).

As has been noted before, there are indeed only so many note progressions possible. And Spaeth was probably essentially right in his contentions that ALL 'popular' tunes of his day had "sampled" bits and pieces of old classical, operatic or folksongs... However much of the validity of that thought starts breaking down once you get away from jazz and from the tin pan alley composers. The worlds of Gospel music, Black music, and Country were almost another whole group of unrelated animals...
With Rock's origins coming from a melding of Gospel, country (till about then called "Hillbilly music") and Black sources, none of which had much (or any) contact with classical music (let alone operas) it gets much harder to support Spaeth's wholesale contentions. And with the advent of the mid-Sixties Rock (and beyond) it gets even rougher to support his theory of nothing new under the musical sun.

[Just for the ahem "record";) this should be noted on the Harrison "My Sweet Lord" song suit...

"The experts for each party agreed that this was a highly unusual pattern. Harrison's own expert testified that although the individual motifs [two separate groups of note progressions used in both songs] were common enough to be in the public domain, the combination here was so unique that he had never come across another piece of music that used this particular sequence, and certainly not one that inserted a grace note as described above".

In essence, Harrison's goose:gandy: was cooked! He'd swiped and used not one but two key segments from the same song ("He's So Fine") and of course had to admit having heard the song, hence his "subconscious plagiarism" claim... Even Sigmund Spaeth at that juncture could not have helped him:rolleyes:. [It should be noted that the copyright owner of "He's So Fine" was music publicher 'Bright Tunes', hence Harrison's lyric in "This Song" that says "There's nothing bright about it":D But on the other hand swiping the music was certainly less bright.:p