‘Who’s On First’ lawsuit rejected by federal court
Abbott and Costello are shown in an undated photo. Credit: Handout
A federal appeals court in Manhattan on Tuesday rebuffed an effort by descendants of the comedy duo Abbott & Costello to sue over the use of their famous “Who’s on First?” comedy skit in a Tony-nominated Broadway play.
The Second U.S. Circuit Court of Appeals said it was not “fair use” when the main character in the play, “Hand to God,” performed with his handpuppet a one-minute segment of the 1940s comedy routine.
But the court nonetheless denied the claim. It said descendants of comics Lou Costello and Bud Abbott did not have a valid copyright to the sketch itself, but were relying instead on copyrights from movies in which it was used.
“Who’s on First?” is a vaudeville routine based on a confused conversation about a baseball team that has a first baseman named Who, a second baseman named What, and I Don’t Know on third. Time once called it the best comedy sketch of the 20th century.
Human remains found in park ... Missing couple was traveling to Syracuse ... AG James to investigate Cornell ... Restaurant ready for Oktoberfest
Human remains found in park ... Missing couple was traveling to Syracuse ... AG James to investigate Cornell ... Restaurant ready for Oktoberfest
