Matthew Caulfield mentioned the litigation that surrounded Jerome Kern's
"Ka-Lu-A".  According to one biography of Kern, "Ka-Lu-A" song was
apparently one of the best selling rolls of 1922.  The song was featured
in Kern's show "The Cabaret Girl" despite having been written a year or
so earlier, and also was later recycled into other shows.  Apparently
after the court case the song was re-published, but without the contro-
versial bass line in the chorus (which is obviously reminiscent of the
bass line of the verse of "Dardanella").

In the score of the (London produced) show that I have, "Ka-Lu-A" comes
in a cabaret scene in the final act.  It is preceded by a double dance
routine being titled simply "Tango" and "Fox-Trot"; the music then goes
straight into "Ka-Lu-A".

Here's what gives the "Ka-Lu-A/Dardanella" game away in my opinion.  The
melody of the fox-trot (a separate number, remember) is virtually iden-
tical to the verse of "Dardanella"; it is as if it begins from bars 3-4
of "Dardanella" and goes on much the same.  Naughty, naughty Jerome Kern.

With the fox-trot number played first going into "Ka-Lu-A" you have one
virtual "Dardanella".  Many songs have fragments of others but this was
ridiculous.  It seems as if by 1925 Kern thought that -- as he'd paid
$250 nominal damages to Fred Fisher -- he may as well have the rest of
the song for the money.

Incidentally, during the trial it came out that Fred Fisher never wrote
"Dardanella" but bought the complete rights to it and added his name on
the cover.  Fisher made a fool of himself in court when he was exposed
as someone who had very limited musical ability and could hardly play a
note.  The trial had bands, orchestras and classical performers in court
to demonstrate different arrangements of both songs as well as musical
figures of "Ka-Lu-A"-like bass lines in classical music.  Quite some
trial.

From memory, "The Cabaret Girl" was recycled for the American stage
primarily as "The City Gent".  "Shimmy with Me" was re-worded to
"He Is The One," and most chunks of the rest went in also.  Both contain
the song "Journey's End," intended as the hit song but it never quite
took off.  I have a roll of a selection from the show also.  The music
is a neglected gem.  Look out for it.  There is also a number in "The
Cabaret Girl" where a Chopin mazurka is turned into a rag/fox-trot.  Would
Chopin have sued? :-)

The film biography of Fred Fisher's life contains a nickelodeon in one
scene also, I believe.  In the film his musical abilities were not
portrayed quite as became apparent at the trial.

 [ I love Fisher's 1930 composition, "Blue is the Night", based on
 [ a Russian folk melody.  -- Robbie