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Jack Clowes · Joined: 03 Feb 2004 Posts: 10 Location: N W England

Years ago I was under the impression that all the songs featured in SINGIN' IN THE RAIN were old songs resurrected by Arthur Freed for the film. Because of this, I was surprised that a composer as respected as Cole Porter would write BE A CLOWN for Gene Kelly to perform in THE PIRATE when it was almost a copy of MAKE 'EM LAUGH. It was some years later that I discovered that MAKE 'EM LAUGH was written for Donald O'Connor to perform in the 1952 film and therefore Nacio Herb Brown and Arthur Freed had "borrowed" from Cole Porter's original song. My question is, does anybody know (Ken perhaps?) whether there was ever any litigation or ill-feeling between the songwriters about this palpable "piracy"?
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Jack Clowes

Ken Barnes · Host Joined: 07 Feb 2004 Posts: 548

Hi Jack,
Thanks for bringing this up. I mentioned this very point Gene Kelly back in 1976 when I was working with him. He told me that when they were making " Singin' In The Rain" - producer Arthur Freed wanted a song that would be a showcase for Donald O'Connor and he said he'd write one himself. When "Make 'em Laugh" was delivered, Gene was the first one to realise it's similarity to "Be A Clown" ( which Cole Porter had written for "The Pirate" about three years before ). He mentioned this to Freed (whom he liked and respected ) and Freed just shrugged it off saying "Oh, well these things happen. It's just a piece of material that fits the picture".
Nobody said anything more about it and certainly Cole Porter did not bring any action against Freed Maybe because Freed had been the producer of "THe Pirate" and had commissioned Porter to write the score in the first place.

While the two songs are remarkably similar in that the phrase rhythm in each case is identical, the melodies are slightly different.

That's the situation as I know it.

Ken.

Dominic Mc hugh · Guest

If you have the Singin' In the Rain 2-Disk Special Edition, this issue is mentioned in the 'Musicals Great Musicals' Documentary on Disk 2. I think it's Stanley Donen (I could be wrong) that recounts how Irving Berlin was brought into the studio when the number was being recorded and remarked on the similarity to Freed, who, as you say, shrugged his shoulders.

Hope this helps - it's worth watching that documentary! (One of my favourite special features on any DVD).

Best
Dominic