Judge Rules Against Abbott and Costello Heirs in “Who’s on First” Lawsuit
Deadline is reporting that the use of a portion of the “Who’s on First” comedy bit in the Broadway show “Hand to God” is a fair use that does not infringe on the copyright of the original.
Everyone knows the infamous Abbott and Costello “Who’s on First” routine. It is one of the most famous routines in comedy history and is often parodied, excerpted, and adapted in modern pop culture. One such use, in the Broadway show “Hand to God” landed the creators of the show in court last June when the heirs of Abbott and Costello sued the hit Broadway comedy show and its writers, producers and investors for their use of certain lines from the infamous comedy routine.
The court not only found the use to be a non-infringing fair use but also found that the use was sufficiently transformative to have created a new routine. The court ruled that “Hand to God has only one actor performing the Routine in order to illustrate a larger point” and that “Defendants’ use of part of the Routine is not an attempt to usurp plaintiffs material in order to ‘avoid the drudgery in working up something fresh.’ Nor is the original performance of the Routine ‘merely repackaged or republished.’“
The judge dismissed the lawsuit and all of the plaintiff’s state and federal copyright claims, and because the Plaintiffs have insufficiently alleged a copyright infringement, the judge said, “the Complaint doesn’t get past first base.”
The hilarious and heartbreaking story about a shy teenager who is surprised when his Bible School Project– a sock puppet named Tyron– takes on his own personality opened last April to rave reviews from critics, and has been nominated for five Tony awards. Stand up comedy and television icon Bob Saget joined the show on November 3rd and performs in the role of Pastor Greg through the end of the shows run on January 3rd.
