DAVIS GILBERT LLP Marc J. Rachman (mrachman@dglaw.corn) Brandie J. Lustbader (blustbader@dglaw.com) 1740 Broadway New York, NY 10019 (212) 468-4800 (212) 468?4888 facsimile Attorneys for Plaintiffs TCA TELEVISION CORR, HI NEIGHBOR AND DIANA ABBOTT COLTON UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK TCA TELEVISION CORR, HI NEIGHBOR AND DIANA ABBOTT COLTON, Plaintiffs, V. KEVIN BROADWAY GLOBAL MORRIS MARIANO V. TOLENTINO STEPHANIE LAMS PRODUCTIONS, JOAN JHETT TIMOTHY LILY AYAL JAM THEATRICALS ENSEMBLE STUDIO THEATRE MCC ROBERT KEY BRAND ENTERTAINMENT INC., AND DOES AND ABC COMPANIES 1?10, Defendants. Index No. 15 Civ. COMPLAINT FOR FEDERAL AND NEW YORK COMMON LAW COPYRIGHT INFRINGEMENT AND INJUNCTIVE RELIEF JURY TRIAL DEMANDED Plaintiffs TCA Television Corp. Hi Neighbor and Diana Abbott Colton (?Colton?) (TCA, Colton and Hi Neighbor are collectively referred to herein as ?P1aintiffs?), by and through their undersigned counsel Davis Gilbert LLP, for their Complaint against the defendants named in this action and described below (collectively referred to herein as the ?Defendants?), allege as follows: NATURE OF ACTION 1. William ?Bud? Abbott and Lou Costello (?Abbott Costello?), one of the most famous comedy duos in American history, are best known for their iconic comedy routine known as ?Who ?5 on First?? Plaintiffs, as heirs to Abbott Costello, own valid copyrights in Who?s On First? (collectively the ?Copyrights?). Plaintiffs bring this action seeking damages and injunctive relief for the Defendants? infringement of the Federal and common law Copyrights in Who ?s on First? that occurs in the script and performances of the Broadway play, Hand to God, and in a video that is being used to promote Hand to God. 2. Defendants are the producers, playwright, and promoters of Hand to God, which features a scene enacting Abbott Costello?s Who is on First? routine that infringes Plaintiffs? copyrights. The routine is currently being performed eight times per week without license or permission from Plaintiffs. 3. These Defendants are willfully capitalizing on Abbott Costello?s world-famous reputation and Plaintiffs? copyrighted works in connection with Hand to God. 4. Defendants are using Plaintiffs? property and infringing upon their rights despite requests that they cease and desist from such use. 5. Plaintiffs seek damages and attorney?s fees for copyright infringement under the Copyright Act, 17 U.S.C. 101 et seq, and under New York copyright common law. THE PARTIES 6. Plaintiff TCA Television Corporation is a California corporation, with its principal place of business in Burbank, California. TCA, which is owned by Lou Costello?s heirs and owns 50% of the Who ?5 on First? Copyrights. 7. Plaintiff Hi Neighbor is a general partnership formed under the laws of the state of California, with its principal place of business in Sherman Oaks, California. Plaintiff Hi Neighbor, which is owned by heirs of Bud Abbott, owns 25% of the Who ?5 on First? Copyrights. 8. Plaintiff Colton is a resident of Valencia, California. Colton, who is an heir of Bud Abbott, owns 25% of the Who?s on First? Copyrights. 9. Upon information and belief, Defendant Kevin McCollum (?McCollum?) is located at 8 Barrett Circle Ct., Carmel, New York, 10512. Upon information and belief, McCollum is one of the producers of the infringing Broadway play Hand to God. 10. Upon information and belief, Defendant Broadway Global Ventures is located at 1441 Broadway, Suite 2301, New York, New York, 10018. Upon information and belief, BGV is one of the producers of the infringing Broadway play Hand to God. 11. Upon information and belief, Defendant CMC is located at Booth Theatre, 222 West 45th Street, New York, New York, 10036. Upon information and belief, CMC is one of the producers of the infringing Broadway play Hand to God. 12. Upon information and belief, Defendant Morris Bercha-rd (?Berchard?) is located at 527 Hudson Street, New York, New York, 10014. Upon information and belief, Berchard is one of the producers of the infringing Broadway play Hand to God. 13. Upon information and belief, Defendant Mariano V. Tolentino Jr. (?Tolentino In?) is located at 8 Mallard Court, Bloomington, Illinois, 61704. Upon information and belief, Tolentino Jr. is one of the producers of the infringing Broadway play Hand to God. 14. Upon information and belief, Defendant Stephanie Kramer (?Kramer?) is located at 829 Park Avenue, Apartment 7A, New York, New York, 10021. Upon information and belief, Kramer is one of the producers of the infringing Broadway play Hand to God. 15. Upon information and belief, Defendant LAMS Productions, Inc. is located at 156 West 56th Street, Suite 1202, New York, New York, 10019.. Upon information and belief, LAMS is one of the producers of the infringing Broadway play Hand to God. 16. Upon information and belief, Defendant DeSimone/Winkler (?DeSimone/Winkler?) is located at 45 Park Drive South, Rye, New York, 10580. Upon information and belief, Desimone/Winkler is one of the producers of the infringing Broadway play Hand to God. 17. Upon information and belief, Defendant Joan Raffe (?Raffe?) is located at 2134 Paci?c Boulevard, Atlantic Beach, New York, 11509. Upon information and belief, Raffe is one of the producers of the infringing Broadway play Hand to God. 18. Upon information and belief, Defendant Jhett Tolentino (?Tolentino?) is located at 2134 Paci?c Boulevard, Atlantic Beach, New York, 11509. Upon information and belief, Tolentino is one of the producers of the infringing Broadway play Hand to God. 19. Upon information and belief, Defendant Timothy is located at 1838 2nd Avenue, New York, New York, 10128. Upon information and belief, is one of the producers of the infringing Broadway play Hand to God. 20. Upon information and belief, Defendant Lily Fan is located at 530 East 76th Street, Apartment 26E, New York, New York, 10021. Upon information and belief, Fan is one of the producers of the infringing Broadway play Hand to God. 21. Upon information and belief, Defendant Ayal Miodovnik (?Miodovnik?) is located at 181 Morningside Avenue, Apartment 6, New York, New York, 10026. Upon information and belief, Miodovnik is one of the producers of the in?inging Broadway play Hand to God. 22. Upon information and belief, Defendant Jam Theatricals Ltd. is located at 980 North Michigan Avenue #1590, Chicago, IL 60611. Upon information and belief, Jam is one of the producers of the infringing Broadway play Hand to God. 23. Upon information and belief, Defendant Ensemble Studio Theatre Inc. (?Ensemble?) is located at 549 West 52nd Street, New York, NY 10019. Upon information and belief, Ensemble is one of the producers of the infringing Broadway play Hand to God. 24. Upon information and belief, Defendant Manhattan Class Co. Inc. is located at 231 West 29th Street #303, New York, NY 10001. Upon information and belief, MCC is one of the producers of the infringing Broadway play Hand to God. 25. Upon information and belief, Defendant Robert Askins (?Askins?) is located at Booth Theatre, 222 West 45th Street, New York, New York, 10036. Upon information and belief, Askins is the playwright of the infringing Broadway play Hand to God. 26. Upon information and belief, Defendant Key Brand Entertainment Inc. (?Key Brand?), owner of the website Broadwaycom, is located at 1619 Broadway, 9th Floor, New York, New York, 10019. Broadway.com features video clips of the infringing scene in the Broadway play Hand to God on its website. 27. Plaintiffs are currently ignorant of the true names and capacities of the defendants sued herein as Docs and ABC Companies 1 through 10, inclusive, and therefore sue these defendants by such ?ctitious names. Upon information and belief, these defendants have engaged in direct, vicarious and/or contributory infringement of the W0 ?3 On First? Copyrights, and Plaintiffs will amend this Complaint to allege their true names and capacities when ascertained. Upon information and belief, Defendants. Does and ABC Companies _1-10 include individuals and corporations. . JURISDICTION AND VENUE I 28. This action arises under the Copyright Act of 1976, 17 U.S.C. 101 et seq. This Court has subject matter jurisdictiOn over this action pursuant to 28 1331, 1338(a), and has supplemental jurisdiction over related New Yorkstate law claims. 29. Venue is proper in this district pursuant to 28 U.S.C. 1391 and because the events giving rise to Plaintiffs? claims occurred in this district, and Defendants are subject to personal jurisdiction within this district. FACTUAL ALLEGATIONS ?Fame of Abbott Costello and Who?s on First?- . 30. Abbott Costello are one of the most famous American comedy duos of the twentieth century. They performed together on stage, radio, television and ?lm from 1935 until 1957. 31. During their partnership of more than twenty years, Abbott Costello starred in more than thirty-?ve ?lms, hosted their own half?hour comedy television series, and were ranked A among the most popular stars in the United States. i 32. On March 24, 1938, Abbott Costello ?rst performed Who?s on First?, their most famous comedy act, live on the popular radio show The Kate Smith Hour. 33. Who ?s on First? revolves around the attempts of Costello (sometimes playing the part of a peanut vendor and sometimes a rookie baseball player) to learn the names of the players of a baseball team from its coach, Abbott. Hilarity soon ensues due to the confusion inherent in the players? names: ?rst baseman ?Who,? the second baseman, ?What,? the third baseman, Don?t Know,? and so on. 34. Over the following two decades, it is estimated that Abbott Costello performed Who?s on First? thousands of times. 35. An April 17, 1947 episode of Abbott Costello?s radio program, The Abbott Costello Show, ended With a well?known radio broadcast performance of Who?s On First?, (the ?1947 Broadcast?). ., 36. The Wall Street Journal has called Who ?s on First? ?[t]he most famous sketch in American comedy history.? 37. In 1999, it was voted Best Comedy Routine of the 20th century by Time Magazine. 38. In 2005, the. American Film Institute voted the line ?Who?s on first? from The Naughty Nineties as one of the 100 Greatest Movie Quotes of All Time. 39. Abbott Costello and Who?s On First? are synonymous with baseball. In fact, Abbott Costello and Who?s On First? are featured in the Baseball Hall of Fame in Cooperstown, New York. A gold record of Who?s On First? has been displayed there since 1956. 40. Since its inception, Who?s on First? has been quoted, parodied and licensed innumerable times, and maintains worldwide recognition and acclaim. 41. The fame of Abbott Costello together with the :fame of Who?s on First? have resulted in invaluable and incalculable good will to the Who is on First Copyrights. History of the Who?s on First? Copyrights 42. Who ?s on First? was ?rst published for purposes of registration pursuant to the 1909 Act in kthe 1940 Universal Pictures Co. Inc. ?lm One Night in the Tropics and then later in a more expanded version closer to what we know today in the 1945 UPC ?lm The Naughty Nineties. 43. On November 6, 1940, Abbott Costello had signed a work?for?hire agreement with UPC, which granted UPC all rights to the duo?s performances of Who?s On First? in One Night in the Tropics and The Naughty Nineties. Accordingly, at that time, all rights to Abbott Costello?s enactment of Who ?s On First? in both ?lms belonged to UPC. 44. UPC registered One Night in the Tropics and The Naughty Nineties with the United States Copyright Of?ce (the ?Copyright Of?ce?) under copyright registration numbers LP 10042 (in 1940) and LP 13337 (in 1945), respectively. .The original copyright registrations (the ?Federal Copyrights?) are attached hereto as Exhibit 1. 45. UPC timely renewed the registrations for both One Night in the Tropics and The Naughty Nineties with the Copyright Of?ce under copyright registrations numbers 423759 (in 1967) and 532048 (in 1972), respectively. The copyright renewals for the Federal Copyrights are attached hereto as Exhibit 2. 46. Under the 1909 Act, the initial renewals were for twenty-eight years after the ?rst twenty-eight years of copyright registration. 47. Under the Copyright Act of 1976 and the Sonny Bono Copyright Term Extension Act, because the application for renewals for One Night-in the Tropics and The Naughty Nineties were timely, the renewals were extended to a protection period of a total ninety-?ve years from the dates of ?rst publication (a total of the ?rst 28 years after publication plus an additional '67 years). i 48. Accordingly, Federal copyright protections for One Night in the Tropics and The Naughty Nineties do not expire until 2035 and 2040, respectively. 49. While the Federal Copyright-s for both works are valid and subsisting, they are no longer held by UPC, but have since been assigned to successors in interest to UPC. 50. The heirs to Abbott Costello formed a general partnership known as Abbott Costello Enterprises whereby they exploited various rights owned by the estates. In 1984, Universal Pictures (?Universal?), a division of Universal City Studios, Inc., successor to UPC, entered into a quitclaim agreement with ACE, "in which Universal granted ACE all rights, title and interest, under copyright or otherwiseFirst? performance scenes in both One Night in the Tropics and The Naughty Nineties (the ?Who ?5 on First? Copyrights?). Universal retained a perpetual license to both ?lms. 51. The assignment, dated March 12, 1984, was recorded in the Copyright Of?ce Volume 3437 at page 851. A copy is attached hereto as Exhibit 3. 52. Upon execution of the quitclaim agreement between Universal and ACE, ACE became the sole owners of the Who ?s on First? Copyrights. ACE had no further registration obligations at that time, as the copyrights for One Night in the Tropics and The Naughty Nineties had already been timely renewed, and do not expire until 2035 and 2040, respectively. 53. Federal law does not provide copyright protection for sound recordings ?xed before February 15, 1972. However, I neither does federal law preempt common law copyright protection provided to such. recordings until February 15, 2067. AccOrdingly, under New York state law, common law copyright continues to be enforced for pre-1972 sound recordings, and the 1947 Broadcast, as well as all pre?1972 radio broadcast performances of Who ?s First?, are protected'by common law copyrights (the ?Commonllsaw Copyrights?). . 54. (In 1992, ACE was. dissolved Upon its dissolution, ownership of the'Who ?s on First? Copyrights was assigned as follows: 50% to TCA (a corporation formed by the heirs of Costello); 25% to Vickie Abbott Wheeler, Abbott?s daughter; and, 25% to Bud Abbott, Jr., Abbott?s son. The assignment is attached hereto as Exhibit 4. 55. This assignment was recorded in the Copyright Of?ce in Volume 3437 at page 852. 56. Bud Abbott, lr. passed away in 1997, leaving his 25% share of the Who ?5 on First? Copyrights'to his daughter, Diana Abbott Colton. Vickie Abbott Wheeler transferred her 25% share to her company, Hi Neighbor. 57. TCA retains its 50% share of the ownership ?of the Who?s on First? Copyrights. History and Critical Acclaim of Hand to God 58. The play Hand to God is a dark comedy about an introverted student in religious, small? town Texas who ?nds a creative outlet and a means of communication through a hand puppet, who turns into his evil or devilish persona. 59. The play was originally performed as a workshop at the Ensemble Studio Theater, owned and operated by Defendant Ensemble, from October 31, 2011 to April 1, 2012, and then moved off?Broadway to the Lucille Lortel Theatre, owned and operated by Defendant MCC, from February 19, 2014 to March 30, 2014. 60. The play began Broadway preview performances on March 14, 2015, and of?cially opened at the Booth Theater on April 7, 2015. i 61. Hand to God opened on Broadway to overwhelming critical acclaim. Variety called it a ?furiously funny comedy.? The New York Times gave it ?ve stars, named it a Critics? Pick and lauded the main character?s performance as ??at-out hilarious? and ?a true tour de force.? The New Yorker called the play ?ribald and wickedly ?inny.? 62. i In addition, Hand to God has been nominated for ?ve Tony Awards, including Best Actor, Best Actress, Best Featured Actress, Best Director and Best Play. 10 63. Only after its Broadway opening, when Hand to God began to receive widespread press coverage and media attention, did Plaintiffs learn of the key scene within the play, which clearly and unequivocally infringes the Who?s on First? Copyrights. Defendants? Unauthorized and Infringing Use of the Who?s on First? Copyrights 64. During a critical scene in Hand to God, the shy main character Jason reluctantly performs the heart of the iconic Who?s on First? comedy sketch with his puppet in order to impress a girl, Jessica. When Jessica asks him if he came up with it all by himself, Jason at ?rst lies and says yes, to uproarious laughter by the audience, who recognizes the sketch very well. Ultimately, Jason admits that it is a ?famous routine ?om the ?fties.? That routine is Who?s on First? 65. The enactment of Who ?s on First? in Hand to God is almost copy of the routine, and infringes both the common-law copyrights and the Who on First? Copyrights. The names Abbott and Costello are even used in the scene, with thePuppet playing the part of Costello and Jason playing the part of Abbott. 66. The one minute and seven second performance of Who ?snon First? in Hand to God can also be directly tied to the ?rst thirty?seven seconds of the routine from One Night in the Tropics, as well as the ?rst minute and six seconds of the routine from The Naughty Nineties. Scripts of the. Who ?s on First? performances in Hand to God, One Night in the Tropics and The Naughty Nineties are attached hereto as Exhibit 67. It is abundantly clear that Defendant Askins, who wrote the script, and the producer Defendants who brought Hand'to God to the stage, have copied-the very heart of Who?s on First? i 68. The portion of the routine that is copied in Hand to God is the introductory segment that sets up the rest of the scene, where Abbott Costello go back and forth misunderstanding each 11 other about the meaning of who?s on ?rst: on the one hand, Costello cannot grasp the name of the player on ?rst base, and on the other hand, Abbott is con?lsed about the question that is being asked. This is the segment of the sketch for which the entire routine is named. 69. Moreover, the scene copying Who ?5 on First? in Hand to God can be viewed in a video clip on Broadwaycom (a website owned by Defendant Key Brand), another vehicle for infringement that is promoting the show and selling tickets to the show (the ?Infringing Video?). Broadwaycom has also posted the Infringing Video on YouTube, at the following URL: A screenshot from the Infringing Video appears below. Undoubtedly this scene was chosen for the clip because it is a highlight of the play and central to its plot, and is speci?cally mentioned in many articles and reviews of the play, as further detailed below.d?i 70. At no time did Plaintiffs give Defendants license or permission to use the Who?s on First? Copyrights. 12 71. In fact, upon learning of the use of the routine while Hand to God was in previews, counsel for Plaintiffs sent a cease and desist letter to the Booth Theatre, where the play is currently in production. 72. Plaintiff re?ised to cease using the routine in the play. 73. Accordingly, Defendants have no basis to refute their clear and willful infringement of the Who?s on First? Copyrights. i 74. Although in Hand to God the routine is being performed by Jason and his puppet rather than the characters used by Abbott Costello, there is nothing new, different or transformative about the performance of Who?s on First? in the play. The purpose of the scene is exactly the same one which Abbott Costello had?to elicit laughs, at which it succeeds very well, as evidenced by the audio of the Infringing Video, in which you can hear the audience?s laughter. 75. The scene takes place only about ?fteen minutes into the one hour and forty?four minute . play, and is one of the lighter moments of the production, without which the much darker tone of the rest of the play would be very dif?cult for the audience to handle. It is this purely comedic scene featuring Who?s On irst?, counterbalanced with the more dramatic and serious themes of the play which are developed later on, that has allowed the play to garner both commercial success and wide audience appeal as a ?dark comedy.? 76. It is apparent when viewing Hand to God in full that Who ?s on First? was selected not only for its hilarity, but also for another very particular reason?it is immediately recognizable to and beloved by audiences, and can be easily referenced by its famous title. Indeed, in two~ separate instances after the Who ?s On First? scene in the play, characters make reference back to Jason and the puppet?s performance, calling it ?Who ?s On First?? For example, Jessica tells Jason, liked Who?s on First?? 13 77. The routine is performed, by itself, for an extended period, without interruption or any other action taking place in the scene, and any other comedy routine would simply not have the same impact or appeal. 78. The play uses a signi?cant portion of the routine (over a minute) and it represents a signi?cant portion of the play (at least 1% by duration). 79. The use of Who?s on First? in Hand to God is also clearly being made for a commercial purpose as it is being used to promote the play via the Infringing Video and is also a vehicle to make the play more humorous and thus more marketable. Indeed, many promotional references of Hand to God, including those on its of?cial website, found at refer to the play as a comedy. It is clear that the use of Who?s on First? was made to help Hand to God make it a comedy. 80. And, as further detailed below, Defendants? enactment of Who ?5 on First? in Hand to God has diminished the commercial value of the Who ?s on First? Copyrights. Licensing of the Who?s on First? Copyrights 81. Due to the persistent popularity of Who ?5 on First? nearly eighty years after its inception, Plaintiffs receive regular requests for licenses of the W0 ?3 on First? Copyrights. 82. Plaintiffs regularly license Who?s on First? ?for use in live performances, and for television, ?lm and advertising. 83. Over the past several decades there has been a healthy commercial market for the H410 ?s on First? Copyrights, which Defendants ?outed by failing to secure a license and pro?ting from its unauthorized and infringing use of Abbott Costello?s original work, causing harm to the commercial marketplace for future licensing of Who ?s on First? . l4 Defendants? Pro?ts '84. .. Defendants have enjoyed substantial commercial success from the gross ticket salesiof Hand to God.- I 85. - Since previews began on March 14, 2015, gross ticket sales have steadily-grown. Upon informationand belief, in'its ?rst Week, the show?s gross ticket sales were $36,122. By the week of May 24, 2015, only about two months later, sales had reached $442,073. A chart from BroadwayWorld.com illustrating gross ticket sales is attached hereto as Exhibit 6. 86. Upon information-and belief, gross ticket sales from Hand to God?s Broadway run alone thus far total $2,822,848. I 87. A portion of these sales is directly attributable to the unauthorized and infringing performance of Who 's on First? inHand to God. 88. Indeed, many of the show?s most prominent reviews, including those in The New York Times, The New York Post, The Hollywood Reporter, CurtainUp, and San Francisco Splash, all feature detailed and laudatory descriptions of the Who?s on First? scene. Undoubtedly, mention of Who 's on First? in these reviews, some of which are as recent as the week of May 25, have sparked interest in theatergoers who might not have otherwise bought tickets, as well as in fans of Abbott Costello. These reviews are attached hereto as Exhibit 7. 89. Furthermore, the Infringing Video of the Who?s on First? scene, which is publicly Viewable on Broadwaycom and YouTube undeniably helps to stoke interest in Hand to God. Indeed, there is a link underneath the video posted on YouTube by which consumers may purchase tickets to the play, no doubt relying on the powerful draw of Who ?s on First? Tickets to the play are also available for purchase on Broadway. com. is 90. Upon information and belief, Defendant Key Brand also receives advertising revenue from the use of the Infringing Video on its website Broadwaycom. COUNT I (Direct, Contributory and/or Vicarious C0pyright Infringement Under The Copyright Act) 91. Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the - Complaint as if set forth fully herein. - 92. Plaintiffs own the valid Federal Copyrights in Who?s on First, which is anoriginal work of authorship. - 93. Defendants had [access to Plaintiffs?. copyrighted works, and intentionally copied and distributed them, or portions from them, without Plainitffs? consent, and/or had knowledge of infringing activity and induced, caused, or materially contributed to it, and/or induced the infringement, and/or had the right and ability to supervise the infringing activity and had a direct financial interest in the activity. 94. Defendants? use constitutes direct copyright infringement and/or contributory and/or vicarious infringement under the Copyright Act. 95. Despite Defendants being put on notice by Plaintiffs of the infringement, Defendants continued to infringe. 96. Defendants? acts were done intentionally and with knowledge of Plaintiffs? rights, and thus constitute deliberate and willful infringement. 97. As a result of Defendants? actiOns, Plaintiffs have suffered irreparable harm. Plaintiffs have no adequate remedy at law and, if Defendants? activities are not enjoined, will continue to suffer irreparable harm and injury to their goodwill and reputations. 98. Further irreparable harm to Plaintiffs is imminent as a result of Defendants? conduct, and Plaintiffs are without an adequate remedy at law. Plaintiffs are entitled to an injunction l6 restraining Defendants, their of?cers, directors, agents, employees, representatives and all persons acting in concert with them from engaging in further such acts of infringement of the Federal Copyrights. 99. As a consequence of Defendants? willful misconduct, Plaintiffs are entitled to an award against Defendants in the amount of Plaintiffs? damages and Defendants? pro?ts arising from the infringement, or in the alternative, (ii) statutory damages in the amount of up to $150,000 per work infringed; and Plaintiffs? costs and attorneys? fees incurred in connection with this action. COUNT 11 (Direct, Contributory and/or Vicarious Copyright Infringement Under New York Common Law Copyright) 100. Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the Complaint as if set forth herein. 101. Pre?1972 radio broadcast performances of Who ?5 on Fz'rst?, including the 1947 Broadcast, are unique works of intellectual property subject to common law copyright protection. 102. Plaintiffs are also the owners of the valid Common Law Copyrights in the pre-1972 radio broadcast performances of Who ?5 on First?, which are not subject matter protected by the Copyright Act of 1909, or any subsequent Copyright Acts. 103. Defendants had access to Plaintiffs? copyrighted works, and intentionally copied, distributed and/or reproduced them, or portions from them, without Plaintiffs? consent, and/or had knowledge of infringing activity and induced, caused, or materially contributed to it, and/or induced the in?ingement, and/or had the right and ability to supervise the infringing activity and had a direct financial interest in the activity. 104. DeSpite Defendants being put on notice by Plaintiffs of the infringement, Defendants continued to infringe. 17 105. Defendants? use constitutes direct copyright infringement and/or contributory and/or vicarious infringement under New York common law. 106. As a result of Defendants? actions, Plaintiffs have suffered irreparable harm. Plaintiffs have no adequate remedy at law and, if Defendants? activities are not enjoined, virill continue to suffer irreparable harm and injury to their goodwill and reputations. 107. Further irreparable harm to Plaintiffs is imminent as a result of Defendants? conduct, and Plaintiffs are without an adequate remedy at law. Plaintiffs are entitled to an injunction restraining Defendants, their of?cers, directors, agents, employees, representatives and all persons acting in concert with them from engaging in further such acts of infringement of the Common Law Copyrights. 108. As a direct and proximate consequence of Defendants? copyright infringement of Plaintiffs? common law copyrighted Works, Plaintiffs have been damaged in an amount to be ascertained at trial. REQUEST FOR RELIEF WHEREFORE, Plaintiffs request that the Court grant an order or orders: Awarding damages in an amount to be proven at trial, caused by Defendants? copyright infringement and/or vicarious and contributory infringement of the Federal and Common Law Copyrights, and other misconduct as speci?ed herein. In the alternative with respect to the Federal Copyrights, awarding statutory damages in the amount of up to $150,000 per work infringed under the Copyright Act. B.- Ordering that Defendants make restitution to Plaintiffs for any unjust enrichment caused by virtue of their unlawful conduct. "18 C. Awarding Defendants? pro?ts arising out of Defendants? willful copyright, as well as Vicarious and contributory infringement. D. Awarding Plaintiffs injunctive relief restraining Defendants, their of?cers, directors, agents, employees, representatives and all persons acting in concert with them from engaging in further such acts of infringement of the Federal and Common Law Copyrights. E. Awarding Plaintiffs interest and costs of this action together with statutory attorneys? fees under the Copyright Act, 17 U.S.C. 505. F. Granting such other and further relief as this Court may deem just and proper. DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiffs hereby demand a trial by jury of all issues so triable. Dated: New York, New York June 4, 2015 DAVIS ERT By: are J. Raclliman (mrachman@dglaw.com) Brandie J. Lustbader (blustbader@dglaw.com) 1740 Broadway New York, New York 10019 (212) 468-4800 Attorneys for Plaintiffs TCA TELEVISION CORP, HI NEIGHBOR AND DIANA ABBOTT COLTON 19 EXHIBIT 1 I COPYRIGHT OFFICE OF THE UMTEO STATES OF AMERICA. RECORD OF THE FILING OF COPYRIGHT THE ACT OF MARCH 5909, AS AMENDED BY THE. ACT OF 24. l9i2. I . ?1 $131225, MM CLASS L.--PHOTOPLAYS. Inn ihu' .. 521(-II - - I- - . 9136-? .3 I ,Ifir :sz: Lam, Cir-~24 N?swr?r'i Mb"\ 1%QJuleaA ?41* 2-35: I E. I ?5,3 .1 3? Q, Emu; a. 115,Nnv?. 0 . 0\ ?1 u'ikadtxv. ("'Tszcu- La. Lain: L. glvil . Ank- *a?Vo. I J: lurk it'lr-QL- -I .(Ik b4M5;ng .g?HNvQ-r ?Aha I -. I In 3 in. ?any *5 Chum-O. ?5 tags-u?? I final": 0- k? 'Qr? i? {\?axg(Km 4.. gunk? - ?(xw on \?Jr?hd?rk?r . i Ids-Suit; (Matisu. . r' - .LAA n1. Kb I a A 51L. . .K?Ax?v? mu . A. I. \Ln. . ATM, - ?nut?? (b UK awn} (ma \vxmsu. . 4 i. i Jungian ct. .p?L . . I muggyk. . ft? 4 {Xutx-Nof?L I 6'3: - . J?Milka? quulr 5W Qudlmu . (Knlw 5.?.Lwib .- J) I . A: gem?. I .. ELK Sum3(7) mthATCr? aim?.- iu?kg?b . I S, gr ?Jun-v . K13 a ?3?th . W0 m-i?h- ?5..?nl?tu?-a QW - ?F?El-?t-v-w . 61', - 3:35:Wu?? Lu ?am. - \Kt .2 (L ILum?n4.VLis" ?3 ?ha . 1?sz O. rlvu?k-k-l r5 Ir r\ 0- 1 ?:?smmtu ALHA. Einslu?31? Ir -- . - ?Inn-x44 I Xrydi-I? .. -- 1'3. a - 'i bmfkuxLlu Lin"th1m?kt V-xamq (N A ?nd (?Pin {xx-?LL - \Ktwwu MuLiam .k . I 3? ?lath. (Jigilhk'o? in nth-J I lip-KL- kl?L-Ql" ?Ethtv h?wk?sl?w'i- - Lb?u?v?ilud?u?: vii, .?l?k?zcl?pri?i?. ?4 inJkiK_.a - . . . . CLASS pub - NO. COPYRIGHT OFFICE OF THE UNITED STATES OF AMERICA THE LIBRARY OF CONGRESS CERTIFICATE OF COPYRIGHT REGISTRATION This is To certify, in conformity with section 55 of the Act to Amend and ConsoIidote the Acts respecting Copyright, approved March 4, 1909, as amended by the Act approved Inotion-pioture photoplay, named herein hove been deposited in this OFFice under the provisions of the Act of 1909, and that registration of a claim to copyright for the first term of twenty-eight years for said work has been duly made In the name 0 WASHINGTON universal Rockefeller Center, New York, 19, N.Y. Eda "The Naughty Nineties". Original screenplay by Edmund L. Hartmann, Jehn Grant, Edmund Joseph.and Hal Fimberg. Directed by Jean Yarbrough. Author of photoplay (under Seo.62)Uhivereal Pictures Co.,Ino., of united States. (9 reels). Description received June 29,19h5 June 3711915 Date of publication in the United States Copies received June 29,19145 3 rs Lush a. Ream" of Copyright: mm mm: ISFJILI EXHIBIT 2 FORM RF. 9 00 NOT WRITE HERE for "Ragistm?nn of :1 (Elm ta anpgright I Make sure that all applicable Space; have been nmtintt as pages 1 and 2. but carbon copics. . . . "midisnb?mrc you submit the farm. The must 'Matl pageFor further information. see [Inge rights; of Congress. 205-10, b3 la"; and 2 should be typewritten or print!? with tea with the tcginmtinn {cc Hi 54. Make your remittance payable 2. cs $51k. p15? 5 and -i should contain exact the same in or- tn the Register of Copyrights. I Claimun?si. Addfl?i?i. and Statement of Claim: Git?re the iuli nameisi and mailink addressici) of tha cf the ?u ht, Sula the statutory category at each claimant. It must be one o! the ntcgoriu described on page 4. Pictures A DIVISION OF UNIVERSAL CITY STUDIOS, INC. 7 - 445 PARK AVENUE NEW NEW TORK "unua . - 00? hint-qvupv Proprletor of copyright In a work made?for hlre 'u-oun-Clam 5 (Us: appearing on page 4) .2 N?Adm-cs: .. a Claiming .. the appropriate Ippnring on page 4) 'v a? . NunI-wv-nuo - . I 1 1 1' (3de an .. -- 8 (Uta thu appropriltu mummt on pain 4) i mm Give the full title at the work. in the case or music. give speci?c Instrumentation. ONE NIGHT IN THE '1 I .. yuali?twabit ll the work wan I vcnioa of I work. renewal may in claimed Only in mw nutter. If this thIt 5' I union. tutu in annual the new matter tut? editing. iiluuntiom. etc.) upon which copyright was claimzd. r, I. it} Contribution to Puriodlcal or Oihur Campos": Work: It the work was a cantributioa. give title of the pctlodical or compositc - . . . . . . . Which it was puhlithcd. .. i1: periodical, give: Vol. NO. Issue Date .. t: A?h? of chcwabic Multan Give the mm? of all author: who contributcd copyrightablo mum: to Ibil renitm_UnIversal Pictures Company, Inc. Rhett oi previout Versions. a 1' Filth of Original Regil?i?ru?ont The iacu given here mutt agree with the Copyright 0m? Rectmit oi the original ?shunting, - iigdsind "Situation number: Class No .. j? November 14 1940 "amend 13 pubitshed, give date of publication .3 .. (Month. day. and year) as unpublished. give date of registration (Month. day. and yen) Universal Pictures Company, Inc. copyright ciaimant .: is (Name of claimant tn origins] restitution) Campf?. a" appilcabh spacu on i103? p09. lti . .., . ?oaw .4 - "km; .nuu-v -?Him, . . . f?vv?r?p?'f?l 35? 1.4 w. ?It? . aux. Lunacy. ?stuff-unmet L: . .. .- . . ?use \i - --.: ..- 1 . .Aaenm?v army-pug - .. [uh-x6. Nettie and of person or organization in whom correspondence or ?hutch.? any. should he it?llAddie}; B. Certi?cation: (NOTE: Apparition not acceptable unless Signet!) 5. If registration he it to be charged to a deposit account Il?l??blili?lcd in the Copyright Of?ce. give ?gm. of an? . Universal Film Exchanges, IncSend ccr??eal?e to: (Type or Edgar W. Malkifl, ESQ. I Print ?m name an - address) Addreu (Number and 9? New York New York 10022 m" code) . (City) (St-tel CERTIFY that the statements made?by me in this application are . - Forms Copies of the following forms will be supplied by the Copyright Of?ce without charge upon request. Class A Form flu-Published book manufactured in the United States of America. Form Forei n?Book or periodical manufactured Outside the United States of America (except works subject an? A the interim provisions of the copyright law). 01' 3 Form Ad interimmBoolt or periodical in the English language manufactured and ?rst published outside the United States of America. - Form manufactured in the United States of America. Form Bil?Contribution to a periodical manufactured in the United States of America. Class Form C-Lecture or similar production prepared for oral delivery. Class I) Form or dramaticovmusicnl composition. Form Ii?Musieul cmnposition the nullmr of which is} citizen or domiciliary of the United States of America a! was hm published in the United States of America v- "?15 7 Class 't Climb Form ii Forcign-Musical composition the author of which is not a citizen or domiciliary of the United Stilt! America and which was not ?rst published in the United States of America. .. Class Form F?an. i ii is? Class Form G?Worit of art or a model or design for a work of art. Class Form H?Repmduetion of it work of art. I Class 1 Form l?meing or piutic work of a scienti?c or technical charmer. . Class I Form J?Pitotograph. Form K?Print or pictorial illustration. Form KK?Pciut or label used for an article of merchandise. Class C?fiil? {Form picture. Form R?wRenewal copyright. Form U?Notice of use of copyrighted music on mechanical instruments. ton coevntaHT orrtc: use ONLY a, receives DEC ?7 [957 Foe reculvotl u_;r vat-nutt. It? .wm fig-P13? 1 for Rtgistran?nn of a Elatm to Rummy! dummy/NOT WRITE HERE .. it." Mm surc ?rst all a) r- b] - lumc?nlt ?3 Spaces have been ,r 'au subnut the farm. - 93863} and 2, but I. as, {mum must be I'Matl all Pages Mix: 1 and 2 should be typewritten or print: with pm and A my 0 011131133, Washington i 'crwitthc -. . Show? comm" ?may ?me Information a: (:68 or Make your ?c?nitm?cc Payable to thc?chistcr ..J . Claimant?s}. Adm-tutu}. and of cum; my a the full . . copyright. Sm: the statutory cut-80'! of cacb tencml clatmmt. It must be one of me 3:323:12: of the claimant?ame . I . I: .. CALIFORNIA 91503 . . n. 2?2: Claiming as made for hue. :3 . . (Use the mptoptittc .. (it) Name . . Acidic'11 Chiming (Us: the appropriate statement 7 at?! Wit 5" . 1 .. Chiming a: .- .1 .. (Use appropriate statement appearing on 4} I I . full title of the tank In the me of music, 3ch speci?c instfumcntationTHE NAUGHTY NINETIES . gown-unquaununn- D-nhblilollui nun": the work was a new venitm of a previous wotit. (mews! mzy be claimed only in the matter. If thit work ditins. illustntiam. tumlulom. etc.) upon which cupytight was claimed. . vqu-o .0. . tilt} Rucwabtc Matter: If my!" union, mt: in :cnml the new matte{to Periodical or Other Compost}; Wori: the mu 1 contribution. the title of the periodicsl ct composite [a I: In: publithed. . .. .. .3, Issue Date ??hgn?w-wh?J- u. A. v-a-J . . ."Inmwatgn:vm Rm? .- 13 like" 01 Rcuuwabk Give the mm: of 1? authors who contributed cupytightablc matter to this vcnion, but not the names of . ,t .. rm 9mm mum. .. .. to he}: of Original Thu [am given here must mm.- with the: Cupyright Of?ce records at the ongmal N'sistution number: Class NoPubhshed. give date of pubttcatton Wmdate of rcgutratmn .. mm lure") EXAM with. claimant UNIVERSAL .. I I Cal-"plug an applicable spas" an pay. 5. If registration he is in be charged to a deposit account In tho Copyright Olin. name of account: 5 i - 6. Home and oddrcu of person or organization to whom :orrupondonco or refund. If any. should he sent: 7? i um .. Adams I. Sm, ?mm UNWERSAL cm?, CALIFORNIA 91608 . (Type or print Nitric 5 and i address) Addict: HMYERSAL PICTURES .. UNIVERSAL cm STUDIOS (tut DEPT.) UNIVERSAL CITY, - un- . .. (City) CERTIFY that the state madc'by me in is application are correct to the best of my knowledge. I i 8. Ccr??cuilon: (Application not I i bl Items, In? Division 01 UNIVERSAL CITY Forms it! - Copies of the following forms will be supplied by the Copyright Oli'tCe without charge upon request. 1? ti 1 Class A Form A?Published book manufactured in the United States of America. 1 Form A?B'Foreign?Book or periodicallmanufactured outside the United States of America (except works subject to Class A the ad prowsions of the copyright law). . . "Ora." A - or 8 Form Ami} Ad lnterim?-Book or periodical in the English language manufactured and ?rst published outside the United 1.- of America. Form B?Pcriodicnl manufactured in the United States of America. Form BB?Contribution to a periodical manufactured in the United States of America. '9 Class Form C?Lccture or similitr production prepsred for oral delivery. Class Form D?Dmmatic or dramaticovmusical composition. I Form E-?Musicni composition the author of which is a citizen or domiciliary of the United States of America or which Class - gnu-Wm i 0 was ?rst published in the United States of America. I) r. ?55 Form Foreign-?Musical composition the author of which is not a citizen or domiciliary oi the United States of 3; America and which was not ?rst published in the United States of America. Class Form F?Mrtp. if. jt Class Form (fr?Work of art or a model or design for a work of an. Class Form Flu-Reproduction of a work of art. . Class I Form or plastic work of a scienti?c or technical character Class] Form {Elia Class {Form KmPrint or pictorial illustration. Form or label used for an article of merchandise. Class . . y. or {Form L?M?Motton pieture. - Form Rmkmewal copyright. Form U?Notice of use of copyrighted music on mechanical instrumentstron COPYRIGHT omen use can nl?; I. I Application rocolvod Foo rocolvod . . 5 l. $3 llgii ?3 - - - i Pug.iig in EXHIBIT 3 CONGRESS OFHCLALSEAL Quad x] Register of Copyrights and Associate- [.,.ibrarian Ck\py1?ght Serx?ces Certificate of Recordation THIS IS TO CERTIFY THAT THE ATTACHED MEN WAS RECORDED IN THE COPYRIGHT OFFICE ON THE DATE AND IN THE PLACE SHOWN BELOW. THIS CERTIFICATE IS ISSUED UNDER THE SEAL OF THE COPYRIGHT OFFICE. DATE OF ECORDATION 11Aug97 VOLUME PACE 3437 VOLUME PACE QUITCLAIM STATEMENT OF FACTS: 1. Pursuant to Agreement dated November 6, 1940 (the Agreement") between Universal Pictures Company, Inc. and Bud Abbott and Lou Costello (?Artists?), Artists rendered services for UPC in several theatrical motion picture photoplays, including the photoplay entitled NAUGHTY (the "Picture"). Included in the services rendered by Artists in connection with the Picture was Artists' performance of that certain comedy routine entitled ON (the "Routine") created and performed by Artists prior to their execution of the Agreement. Paragraph FOURTH of the Agreement provides that UPC is the owner of all rights in the results and proceeds of Artists' services thereunder but that UPC is entitled to utilize such results and proceeds only in connection with the photoplays in which Artists appear pursuant to the Agreement and in connection with the advertising and exploitation of such photoplays. 2. Pursuant to Agreement dated Novamber 27, 196A (the "Parties Agreement?) between UPC and the "Abbott and Costello parties" (as that phrase is defined in the Parties Agreement), the Abbott and Costello parties granted to UPC the right to use film footage taken from any and all of the photoplays referred to in Exhibit to the Parties Agreement as part-of one or more new feature length photoplays, and confirmed the right of UPC to-use film footage taken from said photoplays in the television production entitled AND SCHUSTER TAKE AN AFFECTIONATE LOOK AT ABBOTT AND The Abbott and Costello parties further granted to UPC the right to use the names, voices and likenesses of Artists in and in connection with the advertising and exploitation of said photoplays and said television production. The Picture is included in the photoplays listed in Exhibit to the Parties Agreement. QUITCLAIM: With reference to the foregoing facts, UNIVERSAL PICTURES, a division of Universal City Studios, Inc. ("Universal"), successor in . interest to UPC, hereby quitclaims any and all right, title and interest in and to the Routine (whether such right, title and interest may have been vested in Universal under the Agreement, the Parties Agreement, any other between Artists and UPC the Copyright Law of the United States or otherwise at law or in equity) which Universal may have to ABBOTT COSTELLO provided, hOWeVer, that Universal expressly reserves all of its rights pursuant to the Agreement, the Parties Agreement, any other agreement between Artisrs and UPC, and/or under copyright to incorporate Artists' performance of the Routine in the Picture and in the advertising and exploitation thereof, and (ii) in any photoplays (including, without limitation, said television production) produced by Universal pursuant to the Parties Agreement or any other agreement between Artists and UPC, and in the advertising and exploitation thereof. The rights reserved by Universal pursuant to the immediately preceding sentence shall be exercisable by Universal, its 3.8.3t (1) 4663 EXHIBIT successors and assigns, in all media, throughout the world, in perpetuity, without any obligation to pay compensation or consideration to ABBOTT AND COSTELLO ENTERPRISES or their heirs, predecessors or assigns. RELIANCE: UniVersal is executing this QUITCLAIM in reliance upon the representation by Jerome E. Weinstein, attorney for ABBOTT COSTELLO ENTERPRISES: ("Enterprises"), that Enterprises is a partnership composed of the successors in interest to the late Bud Abbott and Lou Costello, namely, their respective children, Bud Abbott, Jr., Vicki Wheeler, Carole Costello, Patricia Humphreys and Christine Costello, and that Enterprises is therefore the owner of copyright in and to the Routine. IN WITNESS WHEREOF, Universal has signed this QUITCLAIM this 12th day of March 1984, at Los Angeles, California. UNIVERSAL PICTURES, a division of Universal City Studios, Inc. 3.8.8h 4663 EXHIBIT 4 AGREEMENT DISSOLVING PARTNERSHIP between TCA TELEVISION CORP., VICKIE ABBOTT WHEELER, and BUD ABBOTT, JR. This Agreement is entered into as of May 31, 1992, by and between TCA TELEVISION CORP., a California corporation VICKIE ABBOTT WHEELER, an individual, "Wheeler", and BUD ABBOTT, JR., an individual ("Abbott"). TCA, Wheeler, and Abbott are sometimes collectively referred to herein as the "Partners" and individually as "Partner". ARTICLE I. RECITALS 1.01 Partnership. TCA, Wheeler, and Abbott, are all of the current Partners of ABBOTT COSTELLO ENTERPRISES a California General Partnership (the "Partnership") with a principal place of business at 9200 Sunset Boulevard, Suite 701, Los Angeles, California 90069. 1.02 Desire to Dissolve. The Partners mutually desire to dissolve the Partnership and liquidate its affairs pursuant to a plan whereby all executory Agreements of the Partnership shall be assigned to the Partners as tenants in common and any cash remaining after the payment of all liabilities of the Partnership shall be distributed to the partners in accordance with and in liquidation of their respective ownership interests. ARTICLE II. DISSOLUTION 2.01 Effective Date. The Partners dissolve their Partnership, effective at the close of business on May 31, 1992, and shall. thereafter liquidate the affairs of the Partnership. 2.02 Notice of Dissolution. The Partners shall comply with the provisions of Section 15035.5 of the California Corporations Code and cause a notice of the dissolution to be published in the Los Angeles Daily Journal, a newspaper of general circulation in the place at which the Partnership business has been regularly carried on. 2.03 Cessation of Business. Except for the purpose of carrying out the liquidation of the affairs of the Partnership, none of the Partners shall do any further businessxor incur any further obligations on behalf of the Partnership after the effective date set forth in Section 2.01. ARTICLE LIQUIDATION 3.01 Accounting. As soon as reasonably possible following the dissolution of the Partnership, but no later than June 30, 1992,, the Partners shall cause an accounting to be made by Lawrence J. Turner, Certified Public Accountant of the 1992 net income and all of the assets and liabilities of the Partnership and of the respective capital of the Partners as of the effective date of the dissolution. Said accounting shall be prepared on the cash basis. A copy of the accounting as of the effective date of the dissolution is attached hereto and incorporated herein by reference as Exhibit The Partners acknowledge that TCA has paid Jerome Weinstein, Esq. the sum of $3,260.10 as full and final settlement of any claims for compensation or reimbursement of expenses which Weinstein may have had in connection with services which he performed for the Partnership. The Partners hereby agree that the $3,260.10 advanced by TCA is a liability of the Partnership. As soon as reasonably possible, Lawrence J. Turner shall prepare an accounting of the income and expenses for the wind up period(s). In addition, Lawrence J. Turner shall prepare the final Partnership income tax returns. 3.02 Disclosure. Except as appears by the books of the Partnership, the Partners represent that they have not heretofore contracted any liability which can or may charge the Partnership or the other Partners, and that none gave, received or discharged any of the credits, moneys, or effects of the Partnership not reflected on the Partnership books and records. 3.03 Assignment of Executory Agreements. All of the executory agreements of the.Partnership shall be assigned to the partners as tenants in common in accordance with the Assignment of Contract attached hereto and incorporated herein by reference as Exhibit The Partnership shall notify all of its Licensees of said assignment and shall instruct the Licensees to send payments and royalty statements directly to each of the assignees in accordance with the Notice of Assignment which is attached hereto and incorporated herein by reference as Exhibit 3.04 Settling Accounts. Upon completion of the accounting, the Partnership shall pay all of the mutually agreed upon liabilities of the Partnership, including those owing to the Partners other than for capital, in accordance with the rules set forth in Section 15040 of the California Corporations Code. The cash balance after paying the liabilities shall be divided as follows: 50% to TCA, 25% to Wheeler, 25% to Abbott. 2 3.05 Appointment of Attorney to Wind Up. Lawrence J. Turner, Attorney at Law is appointed as the administrator of the Partnership to wind up the affairs of the Partnership and to carry out the terms and conditions of this Agreement. 3.06 Inspection of Books and Records. Each Partner shall have the right directly or through a representative, at all reasonable times, to examine the books of the Partnership, and records pertinent thereto, for the purpose of establishing and enforcing their respective rights under this Agreement. 3.07 Continued Use of Partnership Bank Account. Until all of, the Partnership affairs are liquidated the Partnership checking accounts at City National Bank shall be maintained. 3.08 Dispute Resolution. Any controversy or claim arising out of this Agreement, or the breach thereof, shall be settled by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction. ARTICLE IV. MISCELLANEOUS 4.01 Maintenance of Records. All of the Partnership files which are currently in the possession of Lawrence J. Turner ("Turner") as delineated in Exhibit shall be maintained in the care and possession of Turner or other mutually agreed custodian; provided that a copy of all active files shall be delivered to TCA, the cost of such copying to be an expense of winding up the Partnership. All files marked are active. No files shall be destroyed without the unanimous consent of Wheeler, TCA and Abbott. The custodian shall take reasonable steps to protect and maintain the files. Wheeler, TCA and Abbott shall have the absolute right upon reasonable notice to access from time to time and make copies of the files at their sole cost and expense. In the event Turner retains possession of the files he is authorized to put them into a storage facility and the partners hereby agree to reimburse Turner for the cost of the same. 4.02 Fan Club. The Abbott and Costello Fan Club (the "Fan Club") shall be assigned to TCA or its designee provided that Abbott and Wheeler shall have absolute approval rights with respect to any information disseminated by the Fan Club, by whatever means, including but not limited to articles published in the Fan Club newsletter, which concerns their father. TCA or? its designee shall provide both Abbott and Wheeler with one (1) advance copy of the Fan Club newsletter prior to its printing in order that they can review and approve the contents thereof insofar as it may concern their father. In the event TCA or its designee does not receive any objections from either Abbott or Wheeler within ten (10) day(s) from the date TCA or its designee mails the newsletter to Abbott and Wheeler by first class mail then all of the contents of the newsletter shall be deemed approved and any objection thereto shall be waived.. All profits. of the Fan Club shall be reinvested in the Fan Club and no salaries or profit shall be distributed to nor inure to the Benefit of TCA or any individual. 4.03 Merchandising Division. Vickie Wheeler and Don Wheeler warrant that they have ceased selling and will not sell any Abbott Costello items (including but not limited to tee?shirts, caps, and clocks) which were not purchased from an authorized Licensee. The Partners hereby acknowledge that Vickie Wheeler and Don Wheeler have the right to purchase and re?sell Abbott and Costello items from authorized Licensees. Vickie Wheeler and Don Wheeler further warrant that they have incurred a substantial loss from the sale of Abbott Costello items (which were not purchased from authorized Licensees) and hereby agree to assume, sole responsibility for said loss and not to seek reimbursement from the Partnership or the Partners for the loss. 4.04 Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served on, or given to a party to this Agreement by any other party to this Agreement, shall be in writing and shall be deemed properly delivered, served, or given when personally delivered to the party to whom it is directed or, in lieu of such personal service, when deposited in the United States mail, first-class postage prepaid, addressed to: TCA: TCA Television Corporation c/o Braverman, Codron Co. 233 S. Beverly Drive Beverly Hills, CA 90212 WHEELER: Vickie Wheeler 6630 Forbes Avenue Van Nuys, CA 91406 4 ABBOTT: Bud Abbott, Jr. 14933 Burbank Boulevard, #3 Van Nuys, CA 91411 Any Partner may change his address for the purposes of this paragraph by giving written notice of such change in the manner prescribed by this paragraph. 4.05 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4.06 Entire Agreement. This Agreement constitutes the entire agreement, written and oral, between the Partners and it supersedes and replaces all prior negotiations, proposed agreements and agreements, written or oral,-and it is expressly understood and agreed that this Agreement may not be amended, in any respect, except by a writing duly executed by the Partners. 4.07 Successors. This Agreement shall be binding upon and for the benefit of the Partners, and their respective successors, devises, heirs, executors, representatives, agents and employees. 4.08 Construction. Each Partner has cooperated in the negotiating, drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against either Partner. Furthermore, each Partner represents to the other Partners that he has had the opportunity to obtain the advice of legal counsel prior to signing this Agreement and understands each and every provision hereof. Each Partner shall be responsible for his own attorney?s fees in connection with the preparation and review of this Agreement. 4.09 Attorneys Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys? fees and other expenses incurred in connection with such action or proceeding. 4.10 Severability. If any provision of this Agreement is held invalid, unenforceable, or illegal, the validity, enforceability, and legality of the remainder of this Agreement shall not be affected thereby. 4.11 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original. All such counterparts shall constitute one instrument. 4.12 Headings. The headings of the sections and articles of this Agreement are for convenience of reference only and shall not affect its construction or interpretation. - Executed as of the date set forth above at Los Angeles, California. .A . I z" TCA TELEVISION By Patricia Humphreys, President . VICKIE WHEELER 7' BUD ABBOTT, JR. EXHIBIT 5 4?745 19. JASON You wanna see something. Um mm. JASON You'll like it. JESSICA Yeah? JASON I think you'll like it. Okay. JASON Okay. Jason slicks back hair. Takes a deep breath and then JASON Well Costello, l?m gain to New York you. You know Buck Harris the Yankee?s manager gave me a job as coach as long as you?re on the team. TYRONE Look Abbott, ifyou?re the coach, you must know all the players. JASON certainly do. TYRONE Well I?ve n'evermet the guys. So you'll have to tell me their names and then l'll know who?s playing on the team. JASON Oh l?ll tell you their names, butyou know ltseems to me they give these ball players now?a?daye very particular names. Ashe starts he?s a little aspergersy. As he goes on he gets more and more comfortable. 4?7?15 20. TYRONE You mean funny names? JASON Well Eot's see we have on the bags, Who's on ?rst, What?s on second, I don?t know is on TYRONE That?s what i wantto ?nd out. JASON Isay Who?s on ?rst, What's on second, ldon'tknow?s on third. TYRONE Are you the manager? JASON Yes. TYRONE You gonna be the coach too? JASON Yes. TYRONE And you don?t know the feHows' names. JASON Well (should. TYRONE Then who?s on first? JASON Yes? TYRONE lmean the fellow's name. JASON Who. TYRONE The guy on first. Who. The ?rstbaeemen. Who. The guy Who is on ?rst. i?m askin you who's on ?rst. That?s the man?s name. That?s whose name. Yes. Well go ahead and tell me. ljuei did. Who? Yes. 4-7-15 21. JASON TYRONE JASON TYRONE Jason is reallyinto it. Jeesica is giggling a bit. Butyou can imagine him going into itaii alone on a Saturdaynight. JASON TYRONE JASON TYRONE JASON TYRONE JASON TYR ON JASON 4~7?1 5 22. Jason reaches a pause in the routine and looks out at her. He becomes aware oiwhat he?e doing. . JESSICA What are you doing. Don?t stop. JASON He gets red. What?? JASON i can?t remember anymore. That?s reaity good. JASON Thank you. Jason goes back to sit down. . JESSICA Did you come up with that all by yourself. JASON Yes. TYRONE (as iron his own) Liar. Jason grabs one hand with the other. JASON Shutup. Jessica giggles. Tyrone wriggies free. 4-74 5 23. TYRONE It's a famous routine from the ?fties. JASON Thirties. WRONE You?d know that ifyou weren't so stupid. JESSICA Hey. JASON Shut up Tyrone. JESSICA Yeah. shut up Tyrone. TYRONE But it doesn?t matter cause he thinks you?re hot. JASON That is enough. Jason puts his hand overthe puppet?s mouth. JESSICA You think i?m hot. JASON She looks a iittle hurt. JASON Yes. She looks a littie embarrassed. JASON [don't know. The puppet bites Jason?s ?nger. JASON Ouch. TYRONE JESSICA Jason. TYRONE Toud?nghh?se?intheda?a Jason stop. JASON Twone. TYRONE The??ngshetthsaboutwnL . JESSEA Jasonth$ianfunny JASON lknow. TYRONE JASON wane. TYRONE WMat JASON smp. TYRONE YoucanWsKu)m JASON Y?slcan 4-7-15 24 4-7~15 25. Jason grabs the puppet by the neck in a violent motion and putts it Clear off. He throws itto the ground. There is ofcouree a pause. JASON Jessica. JESSICA I?m gonna see if my Dad's here. JASON I'm sorry. it?s okay. It's ?ne. Don'teven worry. JASON Don?ge. JESSICA see you nextweek. JASON Please don?tgo. - JESSICA Bye now. JASON Shit. Jessica goes. Jason watches her go. He goes over to the puppet. He Kneels in the dirt. He takes the puppet up and holds it bythe sides of the head. He slumps; Defeated by what he cain't defeat. Who's On 137irst? Abbott and Costello routine Page 1 ot'6 fin-MUM? Twitter ('53 it: 35.5.? Hi.th The ?titmntoet" and the "?eet" in l-tiotorl war-satinheath-um i . 5 i ()ittz?TtE??l l-It HQ THIS ?lit-LT DECAQS QUO'lti? GENRES SCENES HISTORY DIRECTORS #3 PETA 3?3 VIDEO Comedy Films FILM EXCERPT m? Bud Abbott and Lou Costello?s ?Who's On First?? Routine in The Naughty Nineties (1945) COMEDY rm. Bud Abbott (L) as Dexter Broadhurst and Lou Costello (R) as Sebastian Dinwiddle Play clip (excerpt): an} Costello: I love baseball. Abbott: We all love baseball. Costello: When we get to St. Louis. witl you tell me the guys' names on the team. so when I go to see them in that St. Louis ballpark. I'll be able to know those fellas? Abbott: Well. now. is that all right. folks? All right.,.as long as it's OK with the look. then you'll go and paddle your popcorn and don't interrupt the act you know. strange as it may seem. they give ball players now-audays very peculiar names. Costello: Funny names? Abbott: Nicknames Pet names. Costelto: Not as funny as my name. Sebastian Dinwiddle. Abbott: Oh yes. yes. yes. absolutely. Yes. now. on the St. Louis team. we have Who?s on ?rst. What?s on second. I Don't Know's on Costello: That's what I want to ?nd out. lwant you to tell me the names of the fellas on the St. Louis team. Abbott: I'm telling ya. Who's on first. What's on second. I Don't Know's on third. Costello: You don't know the felta'e name? Abbott: Yes. Costello: Well then. who's playing ?rst? Abbott: Yes. Costello: i mean. the fella'e name on first base. Abbott: Who. Costello: The fetla playing ?rst base for St. Louis? 5/4/20] 5 Who's On First? Abbott and Costello routine I Page 2 0f6 Abbott: Who. Costello: The guy on ?rst base. Abbott: Who is on first! Costello: Well. what are ya asking me for? Abbott: I'm not asking you. I'm telling you. Who is on ?rst. Costello: I'm asking you who's on ?rst. Abbott: That's the man's name. Costello: That?s who's name? Abbott: Yes. Costello: Well, go ahead and tell me. Abbott: Who. Costello: Tho guy on first. Abbott: Who! Costello: The first baseman. Abbott: Who is on firstl Costetlo: Have you got a ?rst baseman on ?rst? Abbott: Certainly. Costello: Then who?s playing ?rst? Abbott: Absolutely. Costello: When you pay off the ?rst baseman every month. who gets the money? Abbott: Every dollar of it. Why not? The man's entitled to it. Costello: Who is? Abbott: Yes. Costello: So who gets it. Abbott: Why shouldn't he? Sometimes his wife comes down and collects lt. Cootello: Who's wife? Abbott: Yes. After all, the man earns lt. Costello: Who does? Abbott: Absolutely. Costello: All I'm tryin' to find out is what's the guy's name on ?rst base. Abbott: Oh. no. no. What is on second base Costello: I'm not askin' you who's on second Abbott: Who is on fiI'Sl. Costello: That's what I?m trying to ?nd out. Abbott: Well, don't change the players around. Costello: l'm not chongin? nobody. Abbott: Take it easy. Costello: What's the guy's name on ?rst base? Abbott: What's the guy's name on second base. 5/4/2015 Who's On First? Abbott and Costello routine Page 3 0f 6 Costello: I'm not asking you who's on second. Abbott: Who's on ?rst. Costello: I don't know. Abbott: He's on third we're not talkin' about him. Costello: How did I get on third base? Abbott: You mentioned his nameI Costello: Ill mentioned the third baseman's name, who did say is playing third? Abbott: No Who is playing ?rst. Costello: Stay off of first, will ya? Abbott: Well. waddya want me to do? Costello: Now, what's the guy's name on third base? Abbott: No. What's on second. Costello: I'm not asking you who's on second. Abbott: Who's on ?rst. Costello: I don't know. Abbott: l-'le's on third. Costello: There I go - back on third again, Abbott; Well. I can't change their names. Costello: Would you please stay on third base. Mr. Broadhurst? Abbott: Now. what is it you want to know? Costello: What is the fella's name on third base? Abbott: What is the fella's name on second base. Costello: I?m not askin' you who's on second. Abbott: Who's on ?rst. Costello: I don't know. Abbott 8: Costello (together): Third Basel Costello: You got a out?eld? Abbott: Oh sure! Costello: St. Louis has got a good outfield? Abbott: Oh. absolutely. Costello: The left llelder's name? Abbott: Why. Costello: I don't know. Ijust thought I'd ask ya. Abbott: Well, I just thought I'd tell ya. Costello: Then tell me who's pleyin' left field. Abbott: Who is playing ?rst! Costello: Stay outta the in?eld!! Abbott: Don't mention any names out here! Costello: I want to know what?s the follo's name in left ?eld? 5/4/20] 5 Who's On First? Abbott and Costello routine Page 4 of 6 Abbott: What Is on second. Costello: I'm not askin' you who's on second! Abbott: Who is on first. Costello: I don't know! Abbott Costello: Third basel Abbott: Now take it easy, take it easy, man. Costello: And the left fielder's name? Abbott: Why. Costello: Because! Abbott: Oh. he's Costello: You got a pitcher on the team? Abbott: Wouldn't this be a fine learn without a pitcher. Costello: I dunno. Tell me the pitcher?s name. Abbott: Tomorrow, Costello: You don't want to tell me today? Abbott: I'm tellin' you, man. Costello: Then go ahead. Abbott: Tomorrow. Costello: What time? Abbott: What time what? Costello: What time tomorrow are you gonna tell me who's pitchin??! Abbott: Now listen, Who is not pitchin'. Who is on Costello: I'll break your arm if you say who?s on first! Abbott: Then why come up here and ask? Costello: I want to know what's the pitcher's name? Abbott: What's on second. Costello: I don't know. Abbott Costello (together): Third Basel! Costello: You gotta catcher? Abbott: Yes. Costello: The catelier's name? Abbott: Today. Costello: Today. And Tomorrow's pitching. Abbott: Now you got it. Costello: That's all. St. Louis has got a couple of days on their team. Abbott: Well, I can't help that. All right. What, what do you want me to do? Costello: Gotta catcher? Abbott: Yes. Costello: I'm a good catcher too, you know. 5/4/201 5 Who's On First? Abbott and Costello routine ?age 5 are Abbott: I know that. Costello: I would like to play for the St. Louis team. Abbott: Well. I might arrange that. Costello: I would like to catch. Now I'm being a good catcher, Tomorrow's pitching on the team. and l?m catching. Abbott: Yes. Costello: Tomorrow throws the ball and the guy up bunts the ball. Abbott: Yes. Costello: Now when he bunts the ball, me being a good catcher, I want to throw the guy out at first base. so I pick up the ball and throw it to who? Abbott: Now that's the first thing you've said right. Costello: I don't even know what I'm talkin' Abbott: Well. that's all you have to do. Costello: is to throw it to first base? Abbott: Yes. Costello: Now who's got it? Abbott: Naturally. Costello: Who has it? Abbott: Naturally. Costello: Naturally. Abbott: Naturally. Costello: OK, Abbott: Now you've got it. Costello: I pick up the ball and throw it to Naturatly. Abbott: No. you don't. you throw the hall to first base. Costello: Then who gets it? Abbott: Naturally! Costello: OK. Abbott: All right. Costelto: I throw the ball to Naturally. Abbott: You don't! You throw it to Who! Costello: Naturallyl Abbott: Well. that's it. Say it that way. Costello: That's whatl said! Abbott: You did not. Costello: I said I?d throw the ball to Naturally. Abbott: You don't, You throw it to Who. Costello: Naturally. Abbott: Yes! Costello: So I throw the ball to first base and Naturally gets it. Abbott: No! You throw the ball to first base. 5/4/2015 Who's On First? - Abbott and Costol to routine Page. 6 ol' 6 Costello: Then who gets Abbott: Naturally! Costello: That's what I'm sayingl Abbott: You're not saying Costello: I throw the ball to Naturally! Abbott: You throw it to Whol Costello: Natul?altyl Abbott: Naturally. Well. say it that way. Costello: That's what l'm eayingtl! Abbott: Now don?t get excited. Now don't get excited. Costello: I throw the ball to ?rst base. Abbott: Then Who gets itt Costello: Ho?d better get Abbott: All right, now don't get excited. Take it easy. Costello: Now I throw the bait to first base, whoever it is drops the ball. so the guy runs to second. Who picks up the ball and throws it to What. What throwo it to Don?t Know. I Don?t Know throws it back to Tomorrow. A triple play! Abbott: OK. it could be. Costello: Another guy gets up and hits a long fly ball to Because. \Nhy?? don't know. He's on third. and I don?t carol Abbott: What was that? Costello: I said. i don?t oareH Abbott: Oh. that's our shortstop! Proviouo Non)- i his-mics; 1 (21:01:55; i i mommy i l?t'Mi?llEH?s? I REVIEWS VIDEO lif-Rif- nurse-.23; ?mom-xmart; (it?lf?htl?r; 1 ?iiw?n-ni-?Ii?h 3 13:3: hmct'a. Chill l- .lm?im mt) SHOP . ?lmsitzo.org/whoson? rst.ht?ml 5/4/2015 One Night in the Tropics (1940) Movie Script They give ballplayers nowadays very peculiar names. Funny names? a Nicknames. Like Dizzy Dean. Daffy Dean. - His brother Dat?l?y. What's the fellas' names? Let's see. Who's on ?rst, What's on second, I Don't Know's on third. 'l?hat's what wanna ?nd out. I'm saying Who's on ?rst, What's on second, I Don't Know's on third. Are you the manager? You know the t?ellas' names? Well, lshould. Who's on ?rst? Yes. I mean the fella's name. The ?rst baseman. Who. Who is on ?rst. That's what I wanna ?nd out. That's what I'm telling you. You got a ?rst baseman? Who?s playin' there? Certainly. Yes. Who. 1 mean the tella's name. On ?rst base. ?l?hat?s the man's name. That's whose name? Yes. Have you got a contract with the ?rst baseman? Naturally. Who signed the contract? You wouldn't expect anybody - else to Sign it. But who? Yes. When you pay off the ?rst baseman, who gets the money? Every dollar ofit. Yes. He does? Every buck. Every buck. He gets every buck. Mm?hmm. All I'm tryin' to ?nd out is what is the fella?s name on ?rst base. Now, wait. What is on second base. I?m not askin' who's on second. Who is on first. I don't know. He's on third. How did I get on third base? You mentioned his name. I mentioned his name? mentioned the third baseman's name, who did say's on third? Oh, no. Who's on first! Never mind first! I wanna know what's the fella's name on third. But What's on second. Who's on second? Who's on first. I don't know. He?s on third. There I go. back. on third again. i can't help that. let's stay on third. don't go oil" it. What is it you wanna know? Who is playing third base? Why do you insist on putting Who on third base? Who am 1 putting on third? Yes, but we don't want him there. You don't want who there? No. So what's the guy's name belongs there? What belongs on second. Who belongs on second? Who is on first. I don't know. Third base. Third base? Now I'm back on third base. can't help that. You got a pitcher? Naturally. What's the pitcher's name? No. What is on second. Who's on second? Who's on ?rst! don't know! Third base! I'm a catcher too, you know. What about it? I'll catch on your team. The heavy hitter up. So? He bunts the ball. Me, being a good catcher; i wanna throw the hall to first. So i throw it to who? Now, that's the ?rst thing you've said right! That's the ?rst thing i said right. i don?t even know what i'm talkin' about! Mm ?rn mm When I pick up the ball. 1 throw it to ?rst, who gets it?? Right, right. Absolutely right. if?you throw to ?rst, Who is bound to get it. I don't know! Third base! EXHIBIT 6 1? UNITED STATES THE WORLD LM 8. MORE TONY AWARDS BWW AWARDS - DISCOUNTS log In Register Now FAMILY SECTIONS SHOWS MESSAGE BOARDS JOBS TRAVEL Enter Broadway Grosses - HAND T0 GOD .11 BACKTO GROSSES ?mm Jump to Year: ALL Jar-2c 4,1: Compare Month: 1413:1111 4 gram? 1"Dec "fur" .4 Note: Click on a Column Head to Sort/Graph by Column 227.4Imw- -- Subscribe for Weekly Grosses Posted Email Alerts! {Enler Your Email ?bscribe Nowll ?mm-2015 1 Enlarge Historical Grosses for HAND TO GOD 1002122 35 tWe k' if Pot 0319:2510 MIME-11TH LWW #01021 40.1.0. 11?20.. @955 Pgl?enligt Tigkgt Sold 03/15/15 11 $36,122 $0 $36,122 $713,400 46.02% $47.03 $223.00 768 702 1 98.2% 0.0% 0.0% 03/22/15 12 $217,074 $30,122 $181,852 $614,776 35.46% 642.43 4223.00 5,137 6,256 6- 82.1% 0.0% 32.1% 03/29/15 13 ?35,413 $217,974 $17,439 $620,216 37.96% $43.77 $223.00 5,370 6,250 15: 80.0% 82.1% 3.9% 04/05/15 14 $213,302 6235413 $22,111 $520,216 34.39% $44.00 $223.00 4,840 6,256 8 77.5% 86.0% 04/12/15 15 $202,001 $213,302 $69,599 $696,420 40.62% $52.00 $223.00 5,431 6,256 0 86.8% 77.5% 9.3% 04/19/15 16 $319,194 $202,901 $36,293 $682,828 46.75% $71.50 $223.00 4,464 6,256 8 71.4% 06.8% 45.4% 04/25/15 17 $343,575 $319,194 $24,381 $682,825 50.32% $75.10 $223.00 4,575 6,266 8 73.1% 71.402. 1.7% 05/03/15 18 $340,364 $343,575 $2,739 $675,716 51.26% $72.80 $223.00 4,750 6,256 8 76.1% 73.102. 3.0% 05/10/15 19 $400,086 $54,522 $675,716 59.33% $79.21 5,223.00 5,061 6,256 a 80.9% 76.101. 4.8% 05/17/15 20 $427,117 $400,506 $26,231 $675,716 03.2110. 477.19 $223.00 5,533 0,256 3 88.4% 80.9% 7.5% 05/24/15 21 $442,073 $427,117 $14,956 $665,416 66.44% 580.70 5223.00 6,470 6,176 a 88.7% 88.4% 0.3% KW 1133.101123]: MEL: 2232131211 Am Inn 52m 16121134111115.0361 mm 21M Sims. 919;: 29.900021 115114; 1151192 0101 55103.6 1'0 TOTAL FOR $3,264,921 48.34% $62.35 $223.00 51,43263,262 81 82.65% YEAR AVG. AVG AVG. AVG. Export Current Page to Microsoft Excel Export Complete Show History to Microsoft Excel Graph Type: 20 Line I 30 Line Bar 30 Bar (Defauit) 110,511.35 Note: Ail data presented for informational purposes only. makes no guarantees as to the accuracy of the data, or the matter in which it's presented. Source: The Broadwa League" TV more FASHION more MUSIC VIDEO: Jesse Review Photo: Cher VIDEO: First Tyler Ferguson Roundup: Named New Look - Keiiy Invites Supreme Dwayne Johnson Face of Marc Clarkson Reveals lull-J tuna: Court Justices to Stars in Action a a ?a 5 Jacobs Ad Music Video for Preside Over Drama SAN .. 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Satan, the great tempter of men?s souls, takes deceptively innocuous form in the frisky new comedy ?Hand to God,? by Robert Askins, at the Ensemble Studio Theater. The particular demonic presence in Mr. Askins?s play has nasty teeth and spooky eyes fairly standard attributes but he?s also made of felt and yarn. Yes, the Devil is a sock puppet in this foul~mouthed, fun~packed play about the urges that drive good men (and women, and boys) to dirty deeds. Set largely in the cheerin decorated basement of a suburban Texas Lutheran church (the set, by Rebecca Lord?Surratt, is a charmer), the play opens with the bright but nervous Margery (Geneva Carr) trying to marshal a small cadre of reluctant puppeteers into preparing a pageant'for a church social event Things are not proceeding smoothly. Of the three teenage participants, only the nerdy Jessica (Megan Hill) is there by choice, and even she professes a certain disdain for the rudiments of working with mere hosiery. "I?m really more into Balinese shadow puppetry,? she sniffs, ?but I?ll take what I can get.? The glowering Timothy (Bobby Moreno) has been parked in the room because his mother needs to keep him occupied during her ?meetings.? He displays his contempt for the enterprise by accosting everyone with slurs and profanity that Margery greets with only mild attempts at reprimand. Newly widowed, Margery has jittery eyes and an uncertain smile that telegraph how desperately she needs this gig, however much humiliation it entails. The third participant is Margery?s baby?faced son, Jason (Steven Boyer), who seems the least likely of these 15eyear?olds to be the instigator of trouble. But Jason?s roiling id has discovered a convenient escape from the prison of the subconscious: the brown sock puppet on his agile left hand. Tyrone, as the puppet is called, begins blurting out the kinds of subversive thoughts that the seemingly docile, naive Jason would never dare to verbalize. The Mel Gibson movie ?The Beaver? -- anyone see it? worked from a similar conceit, and ?Hand to God? might also be accused of borrowing a puppet sex sequence from ?Avenue but Mr. Askins?s plot has its own fresh ?avor. Things begin innocently enough, with Jason trying to impress Jessica by performing the classic Abbott and Costello ?Who?s on first?? routine. (I have to confess to finding this chronically irresistible, and Jason and Tyrone which is to say Mr. Boyer -- do it pretty brilliantly.) Page 2 of 3 Pent?Up Feelings Set Free by Puppets Suddenly Tyrone breaks into the awkward chitchat by snarling at Jessica that Jason ?thinks you?re really hot.? Jason blushes; Jessica gapes. ?So hot he can?t keep from touching himself,? Tyrone lewdly adds, and he is soon wreaking havoc on rehearsals, raising the possibility of a puppet exorcism. Mr. Askins possesses a perfect ear for teenage voices and the aggressive jostling for position among troubled or misfit adolescents. He is just as good at the characterizations of Margery and Pastor Greg (Scott Sowers), whose earnest professions of love for Margery cause her to wince in pity and fear. Ms. Carr captures with a piercing poignancy the discomfort Margery feels at these unwanted advances. More surprising is how convincingly her Margery erupts in sudden sexual abandon when Timothy, whose hormones are boiling out of control, seduces her into abandoning her propriety -- not to mention those religious convictions and participating in a bout of riotous, kinky sex. Mr. Moreno is terrific as the besotted Timothy, all pent-up lust and rage. Under the direction of Moritz von Stuelpnagel, the cast is wonderful across the board, although first honors must go to Mr. Boyer, who truly gives two distinct performances one all bewildered innocence, the other pure beastly vulgarity as Jason and Tyrone. With the pastor?s discovery of Margery?s transgression, ?Hand to God? treads into moral territory that Mr. Askins doesn?t negotiate entirely smoothly. Although the comedy is pushed to fairly absurd levels, the play never abandons the terra firma of naturalism, making Margery?s dalliance with Timothy a somewhat queasy subject for comedy. Similarly, Jason?s climactic battle with the demonic spirit of Tyrone, while hilariously performed by Mr. Boyer, concludes so gruesomely that the naughty but lively tone of the play almost curdles into something more disturbing. Although Mr. Askins wraps things up on a cozy, hopeful note, after witnessing Jason?s blood?curdling tussle with his left hand, you find it hard not to envision the poor kid?s facing a long, depressing odyssey into the world of Hand to God By RobertAskins; directed by Moritz von Stuelpnagel; costumes by Sydney Maresca; sound by Chris Barlow; sets by Rebecca Lord-Surratt; lighting by Matthew Richards; fight director, Robert Westley; puppet design by Marte Johanne Ekhougen; production stage manager, Michele Ebel. An Youngblood production, Graeme Gillis and Tolan, co-artistic directors; presented by the Ensemble Studio Theater, William Carden, artistic director; Paul Alexander Slee, executive director. At the Ensemble Studio Theater, 549 West 52nd Street, Clinton; (866) 811? 4111, ensemblestudiotheatre.org. Through Nov. 20. Running time: 1 hour 45 minutes. WITH: Steven Boyer (Jason/Tyrone), Geneva Carr (Margery), Megan Hill (Jessica), Bobby Moreno (Timothy) and Scott Sowers (Pastor Greg). Graphic PHOTOS: Steven Boyer, left, and Scott Sowers in Robert Askins?s new comedy, ?Hand to God.? Mr. Boyer as Jason with his raunchy puppet, Tyrone. (PHOTOGRAPHS BY GERRY GOODSTEIN) Page 3 of 3 Pent?Up Feelings Set Free by Puppets Classification Language: ENGLISH Document-Type: Review Publication?Type: Newspaper Subject: THEATER PROTESTANTS PROTESTANTISM CHRISTIANS CHRISTIANITY Hand to God (Play) Load-Date: November 12, 2011 The Sock?s Dirty, but He?s Keeping it The New York Times March 9, 2014 Sunday, Late Edition Final Copyright 2014 The New York Times Company Section: Section Column 0; Arts and Leisure Desk; Pg. 2; SNAPSHOT ROBERT ASKINS Length: 568 words Byline: By ERIC GRODE Body Jason?s idea of a fun Saturday night is rehearsing the old ?Who?s on First?? vaudeville routine, while Tyrone prefers demolishing as many commandments as possible. The two Texas churchgoers make for an unlikely duo, but in ?Hand to God,? which opens Monday at the Lucille Lortel Theater, they are joined at the hip. Or, rather, at the wrist. In Robert Askins?s black comedy, which MCC Theater is presenting after two acclaimed runs at Ensemble Studio Theater, Tyrone is the gutter-mouth, possibly demonic, sock?puppet creation of Jason (both portrayed by Steven Boyer, who won an Obie Award for the performance). What begins as a youth puppetry program run by Jason?s recently widowed mother turns far more primal as Tyrone gives obscene voice to Jason?s darker thoughts. In the process, Mr. Askins calls into question just who is pulling the strings: Jason, Tyrone or a higher force. It took several years before Mr. Askins, whose father died when Robert was a teenager and whose mother actually ran a Christian puppet ministry in Texas, felt comfortable plumbing his background for source material. But religion and sex have proven to be a fruitful combination for this 33?year?old writer, whose future projects include a farce about an oddball subculture known as Christian domestic discipline. ?The husband and wife get together and set rules for the wife, and when she breaks them, he spanks her,? Mr. Askins said. ?It?s sort of S?and?M for Jesus.? Mr. Askins spoke to Eric Grode about changes ?Hand to God? has undergone (the ending) and what mercifully hasn?t changed a bit (Tyrone). Following are excerpts from the conversation. Q. With all the raunchy stuff in the play, it?s easy to forget just how emotionally complicated some of the material is. A. I feel like a lot of us in the theater world are hungry to see every aspect of what it?s like to be human. Your father?s going to die. And then somebody?s going to fall down, and you?re going to laugh. And that?s what life is. Has the play changed much? Without giving anything away, I think the last go?round was a bit more nihilistic. This time, it touches more upon the importance of community. It?s taking a young man?s play and seeing it grow into a more mature individual?s take. Page 2 of 2 The Sock?s Dirty, but He?s Keeping It How have religious groups responded? One of the most lovely things about the play is that people will read their own religious convictions into it. I?ve had atheists and Christians come up to me afterward and each say how much they agreed with it. Look, small-town religion can be a nutty thing, but these are not bad people. They?re trying to make sense of things and get by. The play?s about having dark impulses and trying to keep them in check, and everyone can relate to that. Mostly, though, nobody knows who the playwright is, so I wouldn?t know. So theatergoers might be next to you and not know it? I?m yet another fat, bald, bearded guy in Brooklyn. So I don?t exactly stick out. Did you have to modify the puppets for the bigger theater? No, man. There are some new fabrics we?re using, but trust me: Tyrone will play to the back of the house. Not being seen is not a problem that kid has. Do you get requests for Tyrone to show up outside the play? He does bar mitzvahs, but nobody?s asked yet. He?s just so hard to deal with. Tyrone is one of those people you fall in love with from a distance, and then you realize he hasn?t taken a bath in a long time. http://ngp w. myth-rites. I it. firm] Graphic PHOTO (PHOTOGRAPH BY CHESTER HIGGINS NEW YORK TIMES) Classi?cation Language: ENGLISH Publication-Type: NeWSpaper Subject: THEATER CHRISTIANS CHRISTIANITY RELIGION CELEBRITIES ENTERTAINMENT ARTS AWARDS Industry: CELEBRITIES ENTERTAINMENT ARTS AWARDS Load-Date: March 9, 2014 An Alter Ego With Attitude The New York Times March 11, 2014 Tuesday, Late Edition - Final Copyright 2014 The New York Times Company Section: Section Column 0; The Arts/Cultural Desk; Pg. 1; THEATER REVIEW Length: 1151 words Byline: By CHARLES ISHERWOOD Body All of us play unhappy host to a demon or two roosting in our brains, urging us on to bad behavior now and then: a cutting remark, a catty tweet. But after watching the terrific, scary-funny play ?Hand to God,? by Robert Askins, I am very glad I don?t own a hand puppet. Possibly, this needs some explaining. Mr. Askins?s dark comedy, which opened on Monday night at the Lucille Lortel Theater, features a brilliant performance by Steven Boyer in the central role of a troubled but good?hearted teenager, Jason, who?s forced to participate in a church puppet pageant. On his left arm resides a fellow he?s named Tyrone, made of gray knit material trimmed in bright red fur, with big, black eyes. Tyrone looks about as cuddly and harmless as your average Muppet. But soon, to Jason?s horror, Tyrone begins to display the ornery demeanor of a foul?mouthed bully, combined with the violent instincts of a terrorist. And, by the end of Mr. Askins?s play about the divided soul in all of us, poor Jason will be locked in a duel to the death (or thereabouts) with his own left arm, or rather the evil spirit that has taken possession of it. First seen at the Ensemble Studio Theater, ?Hand to God? has been lovingly (and commendably) brought back by MCC Theater in a production directed, once again, by Moritz von Stuelpnagel, and with Mr. Boyer and the wonderful Geneva Carr, who plays Jason?s beleaguered mother, reprising their performances. The play struck me as smartly put together and scabrous then, and I?m pleased to find that it has blossomed on a larger stage. With Ms. Carr and Mr. Boyer deepening their already rich performances, and three fine new cast members enriching its effect, ?Hand to God? is now almost as disturbing as it is uproarious. The action mostly takes place in the rec room of a church in Texas. Handmade posters chirping forth messages of Christian love and faith brighten the blue cinder block walls. It?s here that Margery (Ms. Carr) gathers her small group of volunteers to rehearse an up?with-Jesus puppet show: her son, Jason, slumped in his chair, with a blush of mortification ever?ready to suffuse his pale face (?Please don?t say ?rad,? Mom?); the sullen Timothy (a vivid Michael Oberholtzer), whose disgust at being forced to engage in these proceedings he makes clear with sniggering remarks (Timothy needs to be parked somewhere while his mother is at her 12?step meetings); and Jessica (the fine Sarah Stiles), the lone enthusiast in the group, who sniffs that she?s ?more into Balinese shadow puppetry,? but will take what she can get. Even Margery doesn?t particularly want to be here, but Jason?s father died recently, and suddenly, and she needs something to fill her lonely hours and to shore up her faith. She?s grateful to Pastor Greg Page 2 of 3 An Alter Ego With Attitude (Marc Kudisch) for giving her a place of refuge, at least until he begins pressing his affections on her a little too insistently. Jason has a natural gift for puppetry, which he reluctantly displays to Jessica when they are alone by performing the classic Abbott and Costello ?Who?s?on?First?? routine. Jessica expresses her admiration, asking if he?s come up with this business himself, and it?s then that the impish Tyrone begins speaking up for himself. ?You?d know that if you weren?t so stupid,? he snaps, startling Jason, ?but it doesn?t matter ?cause he thinks you?re hot.? Jason attempts to quell this outburst by clamping right hand over left, but soon more vulgar expressions are pouring forth from Tyrone?s foul felt mouth, leading an embarrassed Jessica to shuffle out the door, and Jason to stew in self-hatred, or rather hatred of the unleashed id that has suddenly colonized his left hand. As the hapless, uncomfortable Jason, Mr. Boyer gives a touching, gently hued performance, his voice barely rising above a whisper as he tries to warn his mother that, as he puts it, this puppet business is ?doing bad things to me.? At the same time, Mr. Boyer establishes Tyrone as a such a singular presence, with his snarky snarl of a voice, that you soon find yourself considering him, as Jason does, as a malign entity independent from the benevolent character to whom he is attached (and of whom he is, obviously, a alter ego clad in friendly-looking felt). It?s a virtuosic performance I would swear that, at times, Mr. Boyer isn?t even moving his lips, ventriloquistnlike that never feels like a stunt, and it?s both hilarious and heart-rending. Under the stress of his father?s death, his own insecurities and his mother?s fragile dependency, Jason has splintered into good and evil halves, and the evil half seems to be the getting the upper hand (as it were). But Jason is not the only character in ?Hand to God? whose gentle veneer has begun to succumb to the allure of anarchy. In an early scene, Timothy tries to seduce Margery, who scurries away from him in understandable horror and confusion. But her emotions are in turmoil, and after she rebuffs the intensive pressure put on her by Pastor Greg (whom the ever-excellent Mr. Kudisch plays with a smooth gentleness tinted with the sinister), Margery finds herself engaging in a frenzied temper tantrum in the presence of Timothy that begins to turn queasin (if hilariously) sexual. Mr. von Stuelpnagel keeps the play poised between the outlandish and the keenly observed. Both Jason and Margery are drawn with a fine hand, and are portrayed by Mr. Boyer and Ms. Carr as people who may be overwhelmed by life, and ashamed of their inability to handle what comes (?Nice never got me anything,? Jason says), but still seeking to put up a smiling front. In the unleashing of Tyrone, the play suggests the toll the effort to restrain our unruly ids and our aggressive libidos can take. Presenting a wholesomely integrated personality to the world isn?t as easy as we all try to make it look. Painful though it is to watch Jason?s gentle spirit overtaken by the rapacious Tyrone, it?s also ferociously funny. As is often the case, the villain walks away with the show or, rather, Tyrone would walk away with it, if he happened to have a pair of legs. Hand to God Page 3 of 3 An Alter Ego With Attitude By Robert Askins; directed by Moritz von Stuelpnagel; sets by Beowulf Boritt; costumes by Sydney Maresca; lighting by Jason Lyons; sound by Jill BC Du Boff; puppet design by Marte Johanne Ekhougen; fight director, Robert Westley; production manager, B. D. White; production stage manager, Rachel Bauder; general manager, Pamela Adams. Presented by MCC Theater, Robert LuPone, Bernard Telsey and William Cantler, artistic directors; Blake West, executive director. At the Lucille Lortel Theater, 121 Christopher Street, West Village, 866-811?4111, Through March 30. Running time: 1 hour 50 minutes. WITH: Steven Boyer (Jason/Tyrone), Geneva Carr (Margery), Marc Kudisch (Pastor Greg), Michael Oberholtzer (Timothy) and Sarah Stiles (Jessica). com/2(214/03/1 - ham/~10 -- 2051?533ven?boycrs?pu poet?i s? till i tered .html Graphic PHOTOS: Hand to God: Steven Boyer stars in this play by Robert Askins, at the Lucille Lortel Theater. (C1) Sarah Stiles and Steven Boyer, wearing his unruly puppet, Tyrone, in ?Hand to God,? a dark comedy revolving around a puppet Show at a church. (PHOTOGRAPHS BY SARA NEW YORK TIMES) (C2) . Classification Language: ENGLISH Document-Type: Review Publication-Type: Newspaper Subject: THEATER RELIGION CHRISTIANS CHRISTIANITY Load-Date: March 11, 2014 Foltnw lel 1.5.95 3? Subscribe l. ewliodhlheater Review 34 ?03 2 3.37 Email v'e- Ennt Comments lh? Ram-1r I I 70 Hut/F! v?ihlrl The Bottom line Venue Blasphemy on Broadway? Amen to that. Booth Theatre (runihL?Kmm'i' inde?nitely) 5: Shawl-1.51 any) Cast Steven Boyer, Genet)? {ti Ht Car-r, Michael Oherhoitzer, Sarah Stiles, Marc Kudt'sch Playwright Robert Askins Director Moritz mm Stuelpnagel tidal-mouthed Satanic seek puppet unleashes hell in a Texas church basement in Robert Askins' gleefully heathen comedy about the divided sell. Perhaps the. most creations ot'thu long?running Broadway hit Avenue (3 were the. Batl ltlea lit-511's, two cute. pastul?colorud tlut?l'y toys whose mission was to (enable. questionable behavior. Whether or not homage is intended. playwright Robert Asking has taken that concept several steps titrlhor with his wicked comedy Hamlin Got]. almnt a confused (?hrialian tounager wissessetl by a demonic. melt puppet nametl Tyrone. A acaln?ously i?unrrv scenario that stozulilydarkens into suspense and Grand Gnignol horror. this fiery clash ol? the. itl. ego anti superego is also an audacious cot?nmeotary on the uses of faith. both to comfort and control us. Bold new American plays by uncstahlished dramatists loo seldom make. it to l?troadway. so this commercially risky endeavor Recommended we a Challenge approached hood?on by in their amusing 6 emnpaign is to ho The Show also brings ,5 a wclemnc breath of fresh air via a director. Nimitz von 1-.- ll-mqm. new to the commercial theater mainstream. and a Sw'ttl?s Filth-?g? of live actors. only one of whom, Man Kudisch, is a Broadway regular. The sharp rn'ot?luelitm has week evolved over two itit off?Broadway incarnations. increasing in size. with each move. and it now sits quite snugly in the. still- More intimate routines of the Booth Theatre. "that lot iywoottlleportc Lin Aldridge Style Standing in for Divinity. Beowulf Boritt'a elevarsct is almost a uharaeler in an aggressively cheery ree. room ot'a Lutheran church in Cypress, 'I'cxas, its powder?blue cinder-lilock walls with colorful "God Loves You" art. But before the reluctant participants in a youth puppetry ministry A the. E?hriatkuloera, Pastor Grog (Kudiseh) proudly nails them assemble, the, roguo 'I?yrmie sets us straight on a few things. Thom: l'hu "golden agn," hei?oro such tetlions concepts as right. and wrong. or group numtalily worn inventtid, along with the devil, that all-purpose scam:p,m1t for Read more. Ilrm- 't?hrce l?lzn-wriirhts Arr.- Makinn the .lumn to Him and TV 'l?y?rone looks innocuous enough. He's a double?rod sock puppet with a gray wool body in an st-vcalur. and mock-innocent button eyes hone-all: a shout; hair to match the tongue in his cavernous black l'elt month. But when gravel-voiced insinuations start ['Jt'JUl?il'lg forth from that mouth, it's Clear that devilish thoughts are his specialty. That comes as a shock to Jason (Steven Boyer). shy 5-year-old to whose hand Tyrone is attached. first, neithor (lroll, nerd}: Jessica (Sarah Stiles) nor black-clad, disruptive hadass ?l'imothy (Michael ()lmrholtzor) seem to notice. 'lven less aware olwhat's going on is Jason?s recently widowed mother Margery (Geneva Carr). clinging desperately to whatever souse ot?purposz: she, ran haul in running the. puppetry workshop. When .lason confesses, "t think it's doing had things to me, she refuses to listerr insisting that she needs him to ix: hor rock. But Tyrone will not ho denied, While Jason impresses .lessira by performing the classic. Abbott and Costello "Who's on First?" routine. with the puppul, his timid tlirtatirm proves too Slow for Tyrone, who blurts out a hackhant?led compliment about Jessica's hotness. When a panicked .lnsou later to destroy 'I'yrone. the puppet returns to his bed that night, With a botched repairjoh, a few new teeth and a more violently bullying, attitude. Mezmwhite, .tt'targwy. who has no puppet altor ego to exorcise liar turbulent. subconscious. eringes through the earnest attempts of Pastor Greg at. sensitive courtship.Almost us an involuntary reflux. she responds to the, amorous t-idvanees (it"l?irnothy with some kinky role play. (Casting actors who are clearly no longer in their tcens as the youth characters downplay the creepiness.) That doesn't sit well with 'l"yrone, who also blames Morgan; for the. death of Jason's depressod dad. 't?ho [noppel takes charge, and it's out for blood. Read more Justin thn?tha. tiliyalieth Rtrusrr to Star in Rohert Astoriawmz?. Direvtor Stuolpungul and his Ierritiv. east. tackle this darkly funny materiz-?il with a shrewd balance ot? reality. warped siteont and underlying athos, landing, all their:sz while never denying the genuine. sorrow and nutter driving hoth Jason and Morgen- to such erratic behavior "that said, the play delivers a sloruly stream truly sight gag full ot? details that keep on giving, otter 't'yrone's (tern-crating derrwator hand has gout: to town on the rer room. Lel'siusl say you'll never took at a Hello Kitty doll the some way again. Not to mention poor Barbie. Askins handles the escalation of unsettling hysteria with assurance. introducing an inspired twist when unoxpeotottly resourceful takes the situation in hand. so to speak. While it's by no means derivative. the. puppet premise. has a kinship to Triumph, the Comic Dog, and some overlap with ?lms from Ted to The Beaver. while. the play throws in winking horror movie. ruleruuees, t'rorn lessor entries like. Magic and Idle. Hoods to genre classics like EnilDead 11 and The Exorcist. (Though teasing us with the prospect of Pastor Greg getting all Max von Sydow on Jason's ass and than not l'ollrm'ing though is just ernel.) There's also what serous an explicit nod to/tncmie (3, with puppet. ooitus that makes Lucy Slut's exploits sueni (looted. But as ernzy or gory or raunchy or profane as the play gets and it's not lurking in any of those qualities is {food to God is not merely a wacky snurilegious ornuedy. Askius is clearly interested in exploring; the ot'grief. repression of human nature and adolescent unease. on his own unrrouventional terms, while also making what for many will he. quite. provo ?ative statements about the. moral ambiguities of Christim'iity. Roar! more. A mieimatmt 5 ?t v. ?n'noz to New Vol.1: "ills-alga of go 15 ie n. o'kL it The five actors couldn't he better. ?l?imotl'iy is the archetypal high school l>adhoy dumb and horn but maybe. drop down just as desperate tor love as Jason. Stiles is drny hilarious but with moments of disarming sweetness and a surprising bullsy streak. Kudiseh makes Pastor Greg stolid., woll moaning and dull, but neither the actor nor the. playwring eondeseends to the character by making him ridiculous. The wonderful Carr plays a character on the (:langer'ous edge of desperation but she keeps it'largery sympathetic, giving her fragility a soft sexiness that makes her bolievnhlu as an (intent of desire to both the. lonely pastor and the. teenage. delinquent. But the real virtuoso perll?u'mant?t?. is lioyor?s. Whether trembling with tear us the deeply unhappy, rootly?voiet?xl Jason or with tyranny, wild irreverence and thundering rage as Tyrone. he ernntos two entirer (listinet characters that give. the illusion of existing of one another. Together, they somehow Add up to one messed~up hut affectineg root kid. tori;va the pun. but Boyer deserves a big hand. Cost: Slut-en Boyer, Gmioua Carr. Michael Uberholtzar. Surat: Stiles, More Kudiseh Dirt-retro?: Moritz UUH Sluellmurqel Plot/alright: Robert Askins Sat designer: Costume dusiymcr: Sydney Man-05!!? Lighting dtm'ymw: Jason Lyons Sound dwsigyuw?: BC Du Hot)? Puppet dow'yner: Mam: Johanna likhngon Fightdirecmr: mix-(Icy by Kevin McCuHum, Broadway (1'10de Ventures. Morris Herc-hard. Mariano L3. 'I?ufcnlinn.fr., .S?Iuphunit: Kl'amur. [him/IS I?rmlum'tms, Raf?.? .IlmH ?l?rJlunlim), Lily Hm, Ayul Mimlmmik. JAM ?I'Imuz'rimls, Ensemble Studio 'I'hmm?r'. 'l'hmlor TONY BROADWAY :55 OFT GENEVA CARR ma an?, ii rick?? "355:2: mum. ?ig?t??ith? .H Jri?i'. 34 1.03 2 0 3:57 Email d} Cgmments Wt Recom mended li'l: an Watch This Astoninhinu Jclpacks Over Dubai Video Right Now Digital} Digital'l?rcm?mnm (sponsored) 2weeksa - 2. Put. .?s?rm'w ("imhcs On! Films With 1 our: Nude Scenes 2 weeks ago Best Of Everything - 3. Australia ls Hon-w, '11) 8mm: Of'l'hc M051 Anin'mlx A Al?. (usl\\ um? \iiu-uHH-nu-u: nu.? Advanisemanl Advertisement TV Shows That Failed to Cannes I Com etilion: The 19 ?Late Wiih David 'Once on a Time': The ABC Survive the 2014-15 Season Films In or the Palme d'Or Letterman?: 4g Memorable Drama'g Key Dlsney VIEW gammy Moments (Photos) Characters So Far GM [If? GAI LERY THE NEWS: NEW YANKEES STANLEY CUP PLAYOFFS CELEBRHY MOMS HOME SEARCH FOLLOW lN ELISABETHVINGENTELLI Boyer?s berserk performance is NEWYORKHK 603$ dwmein Hand to God PALERMO By Elisabeth Vinceniclli March 10, 20] 4 l0113pm TRENDING NOW ON Steven aner and devilish popper in "Hand to God." .ae'w? Inf-mm 2?0470 THEATER Hand to God boasts the kintl ofberserk, stanmaking Him! to God performance you have to see to believe. Make that two performances both by the same actor, Lucile tonal Theatre, l2! Christopher Steven Boyer. St: 212-352-3101. Runningtimn: 110 minutes oneimennissiomhmugh ln Robert Askms? demented black comedy, Boyer, who's March 30. in his eariy 305, plays a meek teenager, Jason. At the Christian puppetry workshop led by his mother, Margery (Geneva Carr), in their church?s cheery basement, lason makes a sock puppet he calls Tyrone. lt?s soon obvious thatTyrone has a mind ofits own and it?s a nasty one. lason is a polite, introverted loner who looks down when bully'i?imothy (Michael Oberhoitzer) taunts him, and who doesn?t dare ask out his crush, the nerdy lessica (Sarah Stiles). Tyrone, on the other hand ahem has a filthy l'elt month and a violent streak. It's not long before he takes; over both lawn and the. show which goes so over the top with cartoonish sex and violence that it makes "Avenue look even more like "Sesame Street. Switching her'wr-ren puppet and kid at lightning speerL Boyer nevertheless keeps them entirely distinct: He's basically men "Hand to God" first played at tiny EST back in 2011, and MCC is now bringing it off? Broadway. This most welcome theatrical second coming should make the show the hit it deserves to he, and finally introduce Boyer to a bigger audience. We first see his virtuosity when [ason and Tyrone re?enact the classic "Who's on First?? routine. Things ramp Lip fast as Tyrone acts out lason's bottled-up feelings and goes on a destructive rampage. It?s never clear if we?re looking at an extreme case of split personality or it"l?yrone is a demonic, Chucky?like creature Pastor Greg (Broadway vet Marc Kudisch, from ?9 to seems to choose the second. This uncertainty adds a subversive edge. Directed with un flagging energy by Moritz von Stuelpnagel, the Show moves at great speed. As the mayhem escalates. only Jessica keeps her wits: She gently warns lason that "we can?t go to the homecoming dance as long as you have a devil puppet on your arm." By the time uHand to God" reaches its Grand Guignol finale, you're reeling from shock and laughter. 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A YAQ 25$ FEEDS CON 5102!: Musical 'llocky' pul?ngin new crowd: macho men .. . I '1 Meiji-wax, inc All Eigghk Ruaivmd . USE i PWVACY YOUR AD Musical 'Rocky' pullingln new crowd: macho men ?Hand to God? Melds Gore and Giggles, Each Often Elicited by a Puppet - NYTimes.com Page 1 of 3 FAR ROM rt 11% fit-intake CROW) NOW PLAYING EINNBIU aims http://nytims/ 1 KxVqu TONY AWARDS NOTEBOOK ?Hand to God? Melds Gore and Giggles, Each Often Elicited by a Puppet By JASON ZINOMAN MAY 26, 2015 In ?Hand to God,? a hand puppet named Tyrone Violently bites the ear of an unsuspecting young man, and the audience, both times I saw the show, seemed unsure how to react. At first, there were chuckles with some condescension (Who could be worried by felt?) before a superbly designed and precisely executed bit of stagecraft turned the laughter to gasps. That was followed by a few giddy guffaws, which sounded like selfa deprecating delight at the surprise ofbeing scared. It?s the ?It?s alive!? moment of the show, when the thin wall between comedy and horror crumbles and what emerges is a perverser funny and refreshingly rare hybrid genre stitched together with wonderfully weird parts. Horror barely exists on Broadway, and the kind of comedy seen there is usually rooted in the past. This season is a prime example, featuring a strong revival of the tasty chestnut ?You Can?t Take It With You?; a Larry David star vehicle, ?Fish in the Dark,? which catered to fans of his sitcom; and Terrence McNally?s crowd?pleasing backstage send?up, ?It?s Only a Play,? gussied up with some new references. These were popular, escapist comedies that didn?t try to break new ground. ?Hand to God,? the plucky underdog in the best play category of the Tony Awards on June 7, is a fresher and more forward?looking work. For one thing, it?s a new play by a little-known playwright and features no Broadway stars. That is rare enough that it makes you wonder if its young dramatist, Robert Askins, made a deal with the Devil, which in a way he has. This tautly constructed play does suggest demonic possession. A framing device underlines the .. 5/27/2015 ?Hand to God? Melds Gore and Giggles, Each Often Elicited by a Puppet - NYTimes.com Page 2 of3 religious themes of this portrait of a Christian puppet ministry that goes horribly awry when a hand puppet manipulated by a shy boy named Jason (before he is manipulated by it) starts threatening and leering at his peers. Steven Boyer delivers a star?making performance as the meek boy with a roaring monster within. As he proved two years ago playing a chimpanzee onstage in ?Trevor,? Mr. Boyer has a magician?s gift at making the absurd seem realistic. His performance is so nuanced, physically and vocally (he?s essentially a one?man double act), that he makes you think there?s more heft to the play than there is. ?Hand to God? is a thin satire of religious Texans (two easy targets for a Broadway audience) a dominated by a gimmick. But oh, what a gimmick! A gravelly voiced little anarchist with a mind full of sex and violence, Tyrone is Jason?s angry id. It?s a device straight out of a horror film, the genre that thrives on channeling repressed hostility and anxiety into monsters. ?Hand to Get actually has similarities to one of the finest horror hits in recent years, ?The Babadook,? about a boy whose father?s death leaves him with unresolved anger at his mother. In both works, the mysterious monster is a manifestation of a strained relationship, though in ?Hand to God,? Mr. Askins gives the drama more of a sweeping scale with that framing device, in which a puppet darkly expounds on the purpose and history of religion. This may sound like heavy stuff, but B?movie fans will recognize it for what it is: good oldwfashioned hokum. In the movies, the golden age of horror?comedy was the 19803, when ?An American Werewolf in London,? ?Gremlins,? ?Evil Dead 2? and ?Return of the Living Dead? pulled off a stylistic balancing act. Few scary movies today get laughs without giving up some fright, although comedy on television has been increasingly impressive in borrowing some conventions from horror before sending them up. Adult Swim?s superbly eerie ?Tim and Eric?s Bedtime Stories? managed a David feel, while ?Key and Peele? on Comedy Central has repeatedly satirized horror clich?s with a fan?s love for detail. What makes ?Hand to God? such an exciting new play is not its critique of religious dogma or the of its characters. It?s how effectively and self? consciously Mr. Askins melds comedy with a monstrous center. It is no accident that Tyrone first emerges while Jason is using him to perform a version of Abbott and Costello?s ?Who?s on First?? routine. Or that ason?s bedroom walls are plastered with posters for classic horror and comedy movies. The play is stuffed with lines 5/27/2015 ?Hand to God? Melds Gore and Giggles, Each O?en Elicited by a Puppet NYTimescom Page 3 of3 demonstrating a playful affection for both genres, including a knowing ?Exorcist? joke and a mocking reference to a ?Dr. Jekyll and Miss Piggy act.? Horror and comedy easily segue into the other, and crossing the two is a difficult trick: push the comedy too far, you lose the screams; increase the terror and the smiles ?atten. Yet the genres share so many qualities, often relying on surprise and transgression, not to mention scenes of building tension and release. (Comedy also often traf?cs in rampaging ids.) It?s become cliche that comics are often dark and brooding offstage, but horror directors are just as often closet comedians. Tobe Hooper was probably the only person surprised that audiences didn?t laugh at his classic scary movie ?The Texas Chainsaw Massacre,? and when he made the sequel, he leaned harder on the comedy, turning the movie into a mess. Mr. Askins (with his director, Moritz von Stuelpnagel) deftly locates what the genres have in common, playing them off each other without diluting either. The only other Broadway playwright to pull this off as well is Martin McDonagh (?The Lieutenant of Inishmore?), but whereas the Violence in his plays generally leads to the ridiculous, Mr. Askins?s comedy anticipates the scares. For him, comedy is the setup, horror the punch line. Neither are shy about onstage violence. They are not impressed with that fusty critical distinction between graphic bloodletting and the way suggestion can spark the power of the imagination. These are modern artists who clearly grew up giggling at gore, and their work seeks sensations ruthlessly. This anything?goes aesthetic is what fits perfectly on Broadway. Having a chorus or a messenger describe eyes gouged or heads impaled is nice for Greek tragedy, but let?s not pretend spilling buckets of blood onstage doesn?t have its own peculiar charm. A version of this article appears in print on May 27, 2015, on page Cl of the New York edition with the headtt?ne: Horror? Comedy? Actuaily, Bit of Both. 2015 The New York Times Company 5/27/2015 OUT WITH THE OLD. iN THE NEW. mgll?w AmeriCU offers Construction Loans, Conventional I wwamukmnm I GOMIIJWO Remodel Loans and Lots of other options. Learn more.? {ml ?Hand to God" Broadway Review - A sock on a Mission By Ellen Eichelbaum View the F'uii Articie Return to the Site OK. Take what you know and eXpeot of a ?typicai' Broadway piay and throw it out the window. Once you step foot into the Booth Theater on 45th Street. the first thing you shouid do is visit the restroom. Beware: if you don?t, you may find yourself tiying to determine ?when' wouid be the best time to You do have the intermission, but. note, so does everyone eEe. . SHOPUNGERE Might i begin by saying that if you want to take your 94 year?otd mother to see thte production, forget it; but. if you want to take any other iiving. breathing soul. who?s ever said the word, go and see Hand to God. You enter the theatre toe?tapping to the country music piaying for the enjoyment of the audience. Don't let the music mislead you. The rest is the best to comeSteven Boyer in a scene from Robert Askins' HAND TO GOD on Broadway. (Photo by Joan Marcus) it may not be a surprise to discover that the piay's author, Robert Askins. was nicknamed "Dirty Rob? as an undergraduate at Baylor. a university where there was sexual expiicitness and vioience in his eariy scripts He may not be a name you recognize but with the Tony Awards around the corner, his will be a name you will soon hear. and will be talking about for a tong time to come. Before you is a very simple, but very explicit stage; typical of what you would see in an everyday Christian?themed room that might sit in a basement of any Church in town. Beowulf Borit's smart set works to every degree to imitate a cheery basement rec room of a Lutheran church in Cypress, Texas, with walls bedecked with colorful "God Loves You" art. But. this is notiust a room, it is the rehearsal room for the upcoming ?Christketeer's? puppet show. if you are expecting a Muppet-?like show, consider the Cookie Monster as a vicious, serial cursing. raunchy, frightening, hand puppet that takes over the left arm of Jason (Steven Boyer). Boyer actually has the two teading roies in this production, and he plays them both with pure perfection. Under the direction of Moritz von Stuetpnaget, this production goes by in lightening speed and two houis seems like minutes as you are swept up in the humor and terror that is Tyrone. Tyrone and Jason can even perform the classic Abbott and Costello, ?Who's on First? flawlessiy. Damn, that sock can be funny. Boyer is an actor who has incredible talent. He is pure, quiet, shy Jason except for Tyrone the evil sock, whose mission in life it is to make sure that every word or action Jason wishes he had, Tyrone possesses to the ultimate max. Even though Boyer moves his tips when his left hand puppet comes alive, which is alt the time, it doesn't matter much because you believe from the moment this puppet takes control, you've got a Jekytl and Hyde situation and it ain?t pretty. Boyer doesn?t miss a beat as his puppet drives him to insanity. Is the puppet his alteraego?? i hope not. But. some of it just might be. You?lt see. if you think this is another Avenue Q, up the ante on this one, Geneva Carr, Sarah Stiles, Marc Kudisch, Steven Boyer. and Michael Oberholtzet in a scene from Robert Askins? HAND TO GOD on Broadway. (Photo by Joan Marcus Jason's mother, Margery, played perfectly by Geneva Carr, has recently lost her husband. She's sad and grieving. She may never have sex again. at least until the end of the ?rst act. But nothing in this play is ordinary. it?s the extreme. Pastor Greg, played by Marc Kudisch, is hot for Margery. Timothy, played by Michael Oberhoitzer, is not the brightest bulb in the socket. He's hot for Margery too. Poor Margery. Who will she choose? The girl next door, Jessica, ptayed by Sarah Stiles is hot for Jason, but Would rather date him minus Tyrone, who spew-s every evit word in the book, and, when he shows his teeth, it's damn scary. All the Twilight Zones l've ever seen with doils coming to life could learn a thing or two from Tyrone. was 13 when came out in theaters and, 54 years tater, stilt can't. shower without locking the bathroom door. Now, thanks to Tyrone, I may never Wear socks again. "this show moves so quickly that the actors barety have a chance to breathe. Each one, including the Pastor, has their 'secrets?. Leave it. to Tyrone to break through the barriers, but not without biood and guts. Oh yes, and let's not forget the puppet sex on stage. Yes, puppet sex -- explicit puppet sex. And, might I say, perfectly animated by 2 very horny socks. When all else tarts. cotter your eyes, because Jason will stop at nothing to remove this evil sock from his arm. He's already bitten oft Timothy's ear, which Margery sews on With knitting wool. What eise coutd she use? it's a room where puppets are made. You got to use what you got. There?s even an attempt to perform an exorcism, as the room siowly turns into an evil dungeon of 666's and "Hail Satan" posters. Let's not forget the lovely, cuddly stuffed animals that were in the room before Tyrone went on a tyrant. Let's just say, i didn?t know stuffed animals bted, especially from their eyes. Geneva Carr, Sarah Stites, Marc Kudisch, Steven Boyer, and Michaet Oberhottzer in a scene from Robert Askinsr HAND TO GOD on Broadway. (Photo by Joan Marcus) Shalt reveal how if or how Tyrone gets 'disengaged? from Jason's arm? Why spoil the fun? My question is, does it take an evil sock to perform cognitive therapy? Have forgotten something? Yes. i taughed myself silly ail through this production. it seems unnatural since I was scared to death for most of the second act. Yet. i don't feel strange since the entire audience laughed atong with me. There were a few patrons behind me who, during intermission, couldn't wait to leave as they were 'shocked' by the 'dirty language.? Welt. when intermission was over, there they were, back in their seats. Hypocrites. Perfect for this show. in closing, if you ever thought that being haunted by an evil sock was crazy, don't ieave your seat until the show is 'absoiuteiy? over. And then, go your merry way, but don't look behind you. Hand to God is ourrenily playing on an open?ended run at the Booth Theatre. 222 W, 45th Street. Go see it! Costume Designer. Sydney Maresca Lighting Designer, Jason Lyons Sound Designer, Jiil BC DuBoff Puppet Designer, Marie Johanna Ekhougen Hand to God website Photos: Courtesy of "Hand to God? Published on May 28, 2015 a. mmvmum. GAME TICKETS: mwgm'gxuxm- 49 . View the: Fu?i Article Return to the Site Arms! {in Remmda. Secrets 1) Enter Name and State. 2) Access Full Background Checks Instantlv. Curtain Up The Internet Theater Magazine of Reviews, Features, Annotated Listings HOME PAGE Sea ch Curtainu meson: evs REVIEW AT EEATURES NEWS Broadway Off-Broadway 80055 and CD5 OTHER PLACES 0 Cali ornl 9?9. Minnie Elsewhere LAYWRI ALBUMS LETTERS TO EQITOR LINKS a Masthead A CurtainUp Review Hand to God On Broadway Broadway By Simon bonus Hand to God: Downtown Review ty Elyse Sommer Add-On Comments by Elyse Sommer . . Slin no 5- view at 'sode free Geneva Carr. Sarah Stiles, Marc Kudisch. Steven Boyer. and Mlchael Oberhollzer.(Photo by Joan Marcus) The demonic. foul-mouthed hand puppet uprooted from Hell that takes possession of Jason, an unhappy. sexually repressed Texas teen in Hand to God has found its way to Broadway. Originally produced by off off Broadway's adventurous Ensemble Studio Theatre. the audaciously dark comedy received excellent reviews and triggered an enthusiastic fan base that would encourage the equally resourceful MCC Theater to join forces and produce yet another limited run at its home at the Lucille Lortel Theatre. IE Book Of Mormon MP4 I SECONDS amagoncom As expected. word of mouth and sell-out business would ultimately interest additional producers for a still risky BroadWay run. Will the gamble pay off in light of all the competition from the higher profiled and bigger budgeted shows new opening. all with hopes of being a hit and Winning awards? While Hand to God would be eligible for a Tony. this is not the case for other awardvgivlng organizations that have previously considered it. saw Hand to God at the Ensemble Studio Theatre, while CurtainUp editor Elyse Sommer revieWed the production at the Lortel. Original Downtown Review While I am in total accord with Elyse's assessment of the play and its performers. my assignment was to see how the production looked and played in its Broadway home and if it has changed in any appreciable way from what I remember. To start with the run time. Although the play only runs one hour and forty?five minutes it includes an intermission. lfeel it really would werk better at a drive-thru-no-break ninety minutes. Elyse mentions that the play ended on a "heart?wrenching? note. However. as it appeared to me at its last press preview on April 8. the final moralizing from a scarin devilish puppet peering out at the audience through the curtains in the darkened theater is more inclined to send a chill down your back than a produce any sensation of warmth. That plus the very long and bloody scene that precedes it gives Hand to God the kind of climactic frost that marked the film and stage musical Carrie. About how the play looks on Broadway. With less than one- thousand seats. the Booth is one of the more intimate of the Broadway theaters; yet it nicely embraces the ?ve?character comedy. Beowulf Borilt?s colorful sets are a whimsical delight, particularly the cluttered basement of the church where are kept all the props that are utilized in their puppet ministry. This is where Jason. as played better than ever with a forlorn brio by Steven Boyer. allows his pent up rage and anger toward his mother Margery (a comically impassioned performance by Geneva Carr) to manifest in a most unorthodox way. As the director of the puppet ministry. Margery's relationships with the amorous Pastor Greg (Marc Kudisch) and with Timothy (Michael Oberholtzer). an incorrigible teen who is sexually obsessed with her are resolved in ways that are both hilarious and. as with the latter. also horrifying. Oberholtzer is the new member to the cast. and he is as veraciously over-the-top as is Jason's terrifying appendage Tyrone. As the play is deliberately abrasive. it is also devilishly clever enough to keep it from being offensive. This, I suspect, is its saving grace BVen when its prolonged and certainly provocative Sexual activity. as performed by both human and puppets. becomes the primary dramatic catalyst. This is especially true as it reveals Jason's subconscious desires. I suspect that all the actors' performances have been sharpened by director Moritz von Stuelpnagel. but I was more impressed than ever with the comically droll Sarah Stiles as Jason's unexpectedly sophisticated girl friend Jessica. A wrny comical Kudisch gave us plenty to laugh at as he attempts to seduce the totally disinterested Margery. Although I am not sure if the tourists. particularly Evangelicals. will flock to this show as they apparently have to the arguably blasphemous The Book of Mormon . I am pretty sure that there is an audience ready to laugh at themselves and also laugh away the demons. those both fully materialized in our lives and those still partly submerged in the depths of our subconscious. that would deny us our sense of humor. Hand to God by Robert Askins Directed by Moritz von Stuelpnagel Cast: Steven Boyer (Jason/Tyrone). Marc Kudisch (Pastor Greg). Geneva Carr (Margery). Michael Oberholtzer (Timothy). Sarah Stiles (Jessica) Sets: Beowulf Boritt Costumes: Sydney Maresca Lighting: Jason Lyons Sound: Jill BC DuBoff Puppet Design: Marta Johanne Ekhougen Fight direction: Robert Westley Stage Manager: Rachel Bauder Running Time: 1 Hour and 45 minutes. includes one intermission Booth Theatre 222 West 45th Street Reviewed by Simon Saltzman at 4106 press preview Add~0n Comments by Elyse Sommer Hand to God is probably the most un-Broadwayi?sh show to land on the Great White Way this season. Though its human cast is excellent the real star is the foul-mouthed. uncontrollable puppet named Tyrone?~ Playwright Robert Askins' sly nod to Eugene O'Neill's the dysfunctional Tyrone family. No doubt the great reviews helped Hand to God to journey from off-off-Broadway to Off-Broadway. and now to the Great White Way. But word of mouth about it being hilarious and smart probably was the real fuel to help this little engine make make the final giant leap. ditto for Stephen Boyer's star-making performance. Not to be overlooked is the history ofAvenue . another little show that made it big using puppets. Hand to God also follows in the footsteps of other MCC plays with uptown ambitions ambitions that propelled moves but not always quite as hoped for. MCC regular Neil LaBute's Reasons to be moved to the Lyceum in 2009 hoping to nab a Tony. but closed. without one after just three months. Laurie Metcalf?s bravura performanc in Sharr White?s the Other Elace sent it to Manhattan Theatre Club's Samuel J. Friedman Theatre in December 2012 with similar hopes: it also fell short of its expectations. closing less than three months later without the hope for Best Actress statue for Meicalf. Hand to God arrives on Broadway. The hope and a prayers this time are for Stephen Boyer to nab a Best Actor award. Good as he is. this is a highly competitive awards category so Boyer needs plenty of prayers to win. Also likely to be in the producers' and playwright's prayers is the hope that the awards voters will see the play's serious social commentary shine through the farcical surface. and hand it a best play award. That said. Hand to God might have had a better chance for a really long run at'a venue like New World Stages. Yet. who's to say that this won't be MCC's miracle and become the little engine to pull in a bundle of awards and earn its keep on Broadway. In the meantime. A new play by Mr. Askins is already scheduled to open at their downtown theater. It's called Permission and again examines an aspect of Christian life. the practice of Christian Domestic Discipline. as espoused by a married couple to be played by Justin Bartha and Elizabeth Reaser. For more details. go to the lettr heading in our Off-Broadway Listings. Hand to God: Downtown Review by Elyse Sommer Original Review of Hand to God at the Lucille Lortel Theater . .Ihc thing about a .mvr'or is you never know where to look. Mighrjiisl he the place you .t'aw (he devii before. Tyrone. the co-star with Jason the teenager whose id he lakes hold of along with his hand. Jason is a quiet. unassuming, ordinary looking teenager. an unlikely star of even a modest play. Until you look at his left hand to which a bug-eyed. toothy sock puppet is firmly attached. So is Hand to God a puppet show? Something to which you should have brought a couple of kids? No way. Jason isn't so much holding the puppet. as the other way t" around. The puppet has taken S'ephe? 307?" 8? Wm? control of the puppeteer and has Marcus) morphed from quirky looking appendage. into an animated and opinionated creature who acts on what's going on in the mild mannered Jason's ld. if you never lived in a Texas suburb and been a member of a fundamentalist church that actually runs Christian puppet ministries. rest assured that Mr. Askins is not inventing Cypress, Texas and churches whose practices include Christian puppet ministries to help teens appreciate the bible. Like Jason?s widowed mom Margery. Askins? mother actually ran such a program. Though he left Texas for Brooklyn. he's tapped into his background to create this latest addition to shows about young people's tussies with the Almighty. Hand to God doesn't sing like The Book of Mormon and Sister Act, nor does it boast a big cast or splashy production values. But it does have Tyrone, the devilishly funny puppet-cum-devil and a nice mix of raunchy black humor and emotional warmth - enough so for its. initial run at Ensemble Studio Theatre to be reborn at MCC's Lucille Lortel Theatre. While there are a couple of new cast members. director Moritz von Stuelpnagel is back at the helm to insure perfect teamwork. Luckily. the most necessary team member. puppet?puppeleer Stevon Boyer. is also back. The quirky humor and Boyer's amazingly deft handling of the foul- mouthed. uninhibited Tyrone and the more inhibited Jason had the audience in stitches at the matinee I attended. Some of funniest examples of Boyer's incredible dexterity like the Jason?Tyrone version of the famous Abbott and Costello Who's on First?" routine~ turned into the kind of applause winning show stoppers more common for a musical. I would have preferred Mr. von Stuelpnagel to trust the material enough not to overdo eyen the best and funniest scenes. Still this quirky little show. like The Book of Mormons. manages to tackle religious questions and darker impulses without really offending either believers and non believers. Given that Tyrone. the invader of teenager Jason's left hand and mind. is the true star of the play. the action fittingly begins with a prologue. It?s delivered from a small stage at the rear of Beowulf Boritt?s church basement where Jason's widowed mother Margery (Geneva Carr) is rehearsing a show as part of the congregation's puppet ministry. The puppet of course is presenting a revisionist version of the Book of Genesis. It describes a "beginning" when "we were too stupid to be anything but what we were. We didn't shave. We rutted as we chose. careless in the night." According to our puppet bible interpreter this simplicity got messed up by "some asshole who invented right and wrong and the devil." He adds that since then when sombeody puts himself before the group and acts badly. all it takes to "stay around the camp fire" is to say 'The devil made me do it." That speech will have a familiar ring for followers of the late comedian George Carlin's satiric take on religion. Coming out of the mouth of the puppet designed by Marie Johanne Ekhougen it makes for an aptly amusing opener Besides Jason: Margery has two other participants in the show she has been assigned to prepare for next Sunday service by Pastor Greg (Mark Kudisch): Timothy (Bobby Moreno Note: now Michael Oberholtzer).and Jessica (Sarah Stiles), Timothy is a wise acre with overactive hormones who needs no devil puppet to mouth outrageous comments. Jessica would really prefer Balinese shadow puppetry to what she's being given to work with but pragmatically says that she'll take what's on offer. She also likes Jason so his being there is an added incentive for her being part of the planned pageant. Askin nicely builds up the plot complications. with various unresolved issues of grief. anger, guilt and physical frustration, exploding over the course of the two acts. The key explosion sees Jason's alter-ego become more and more uncontrollable alter?ego. unleashing heretofore repressed truths and feelings. Jason's losing control of his good Christian persona is parallelled by his mom. While Pastor Greg's honorable amorous intentions tail to make her reel ready for remarriage. she ?nds herselt succumbing to Timothy's passionate moves on her. Amusing as these over-the-top sexual encounters are. the most potent and hilarious sexual sizzle comes from the hand-to-hand carryings-on between Jessica's puppet Jolene and bad boy Tyrone. If I were handing out marks. the acting overall would be a straight A. Marc Kudisch manages to make the Pastor come off more as the play's clear?headed. grounding presence rather than a too holier-than?thcu and prissy man of God, However. the charismatic actor who's best known as a musical theater star seems to be a bit wasted in this role. Carr ably straddles Margery's somewhat abrupt shifts from kinky sex addict to con?icted widow and mother. As I've already mentioned. the playwright and director lend to push some of the comic buttons too hard and for too long and the play is bound to run into accusations ol piggybacking onto Avenue Q?s success. That said. however. Hand to God. stands very much on its own feet as an unpretentious dark comedy that despite a rather grisly separation of Boy and puppet ends on a note that touches your heart. For sure. you'll never again see a sock puppet as just a piece of gussied up cloth. Hand to God played at MCC's Lucille Lortel Theatre 121 Christopher Street from 2/19/14. opened and closed 3I30I14 ?Copyright 2014. 2015 Elyse Sommer. Information from this site may not be reproduced in print or online without specific permission from