Sock Puppet Does “Who’s On First?”

The editor of the Techdirt blog looks at a recent case that he calls “yet another attempt at overly abusive copyright claims by heirs.” The artifact at issue was the famous Abbott & Costello routine, “Who’s On First?” If you don’t recall it, or want to be mesmerized by a few minutes of perfect comic timing, this post includes a link. The author points out the origins of the routine are complicated and uncertain, and he maintains for that reason among others the question of copyright for it are “a mess.” In any case, a judge in the Southern District of New York maintained that he would, at the stage of the case he was addressing – a motion to dismiss – give the plaintiffs the benefit of the doubt and assume there was a valid copyright. But he then explains why, when considering the circumstance involved here – that a part of the routine was used by a single sock puppet in a Broadway play – it was an open and shut case of fair use.