A Not-So-Funny Look at 6 Comedians Accused of Plagiarism

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It's an immutable law of comedy—under no circumstances may a comic use another performer's material. Naturally, with so many comics making observations about the world around them, similarities are bound to exist between one guy's airplane food joke and another's. Allegations of joke lifting are common, with top-tier talent like Conan O'Brien and Amy Schumer often having accusations thrown their way (Schumer, for her part, vehemently denies any thievery). But throughout standup's history, some similarities have been too close to ignore.

1. MILTON BERLE

The late, great star of stage, screen, radio and TV was once the nation's most popular comedian, earning him a 30-year television contract with NBC and the endearing nickname Uncle Miltie.

But to many of his fellow performers, Berle became known by the much less affectionate nickname "The Thief of Bad Gag" for his legendary penchant for joke lifting. Fellow legend and occasional enemy Bob Hope once remarked that Berle "never heard a joke he didn't steal." In another instance, Jack Benny defended his own practice of using Berle's material by saying: "When you take a joke away from Milton Berle, it's not stealing, it's repossessing."

Unlike many other accused bit-thieves, Berle never went out of his way to dispel the reputation, once joking to Larry King: "I don't steal people's jokes. I just find them before they're lost."

2. CARLOS MENCIA

The former star of Comedy Central's Mind of Mencia has been accused of plagiarism by everyone from George Lopez—who once claimed he roughed-up Mencia over a supposedly stolen set—to South Park. However, the most famous example was shared with the world thanks to a viral video posted by comedian Joe Rogan. In the footage, Rogan is shown running onstage to confront Mencia during a 2007 performance at the Comedy Store in L.A. Among other, more colorful names, Rogan refers to Mencia as "Men-Steal-ia."

3. DANE COOK

Dane Cook reached the pinnacle of stand-up comedy success in 2005 when his album Retaliation went all the way to #4 on the Billboard chart. Sold-out large-arena gigs, movie flops, and tabloid coverage quickly followed—and all served to fuel a rabid anti-Dane movement within the comedy world. With that came an intense microscope on Cook's material and, predictably, a rash of joke swiping charges. The most well-known example includes a Cook bit that bears a suspicious resemblance to an earlier one by Louis C.K.—one of the most revered comics working today. Although compilations seem to confirm that Cook has used at least three of his bits, Louis C.K. has mostly downplayed it—"I'm not going to do anything about this. I'm not going to court over a bit called 'Itchy A**hole,'" he once joked. Just for good measure and consistency, Joe Rogan has also accused Cook of lifting jokes.

4. ROBIN WILLIAMS

Long before he was an Oscar winner, Robin Williams was known to comics as a major material thief. He was even alleged to have used other comedians' material on Johnny Carson's Tonight Show. One well-traveled anecdote claims that when fellow comics spotted Williams in the audience of a comedy club, they would immediately stop their act to prevent him from writing down their best jokes. According to Richard Zoglin's book Comedy at the Edge, David Brenner once asked Williams' agent to "Tell Robin if he ever takes one more line from me, I'll rip his leg off and shove it up his [bleep]!" Williams discussed his younger days in comedy and of not understanding the consequences of borrowing material with Marc Maron in 2010; he once playfully referred to the practice as "joke sampling."

5. JAY MOHR

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The former host of Last Comic Standing is an admitted comedy plagiarist. In his 2004 book Gasping For Airtime, which recounts his tumultuous two-season stint on Saturday Night Live, Mohr details an infamous incident in which he took a New York comedian's joke and turned it into a sketch. NBC was forced to settle with the joke's originator, but Mohr himself escaped any serious repercussions.

6. DENIS LEARY

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The former star of Rescue Me has been accused of stealing not only some material but his entire stage persona from the late cult comic Bill Hicks. He's also been accused of lifting material from former stand-up and Hollywood heavyweight Judd Apatow and Louis C.K. But Hicks himself, who was close friends with Leary, severed his friendship with him over the number of lifted jokes used on Leary's No Cure for Cancer album. "I have a scoop for you. I stole his act," Hicks joked with Austin Comedy News in 1993. "I camouflaged it with punchlines, and to really throw people off, I did it before he did." Hicks passed away from cancer the following year.

This piece originally ran in 2010.

20 Facts About Eyes Wide Shut On Its 20th Anniversary

Warner Bros./Liaison via Getty Images Plus
Warner Bros./Liaison via Getty Images Plus

In the late 1990s, stories about what was happening on the set of Stanley Kubrick’s already-secretive film Eyes Wide Shut constantly made headlines. Everyone wanted to know what was going on behind the scenes with real-life celebrity couple Tom Cruise and Nicole Kidman, and the 15-month shoot only intrigued people more. Finally, the film was released on July 16, 1999—more than four months after Kubrick had passed away. While there is still a lot we don’t know about the movie, here are 20 things we do.

1. Eyes Wide Shut is based on a 1926 novella.

Eyes Wide Shut is loosely is based on Arthur Schnitzler’s novella Traumnovelle (Dream Story), which was published in 1926. Considering that the movie takes place in 1990s New York, it is obviously not a direct adaptation, but it overlaps in its plot and themes. “[The book] explores the sexual ambivalence of a happy marriage and tries to equate the importance of sexual dreams and might-have-beens with reality,” Kubrick said. “The book opposes the real adventures of a husband and the fantasy adventures of his wife, and asks the question: is there a serious difference between dreaming a sexual adventure, and actually having one?”

2. Production on Eyes Wide Shut began in 1996.

By then, Kubrick had been holding onto the rights to Traumnovelle—which screenwriter Jay Cocks purchased on his behalf, in order to keep the project under wraps—for nearly 30 years. Kubrick had planned to begin working on the film after making 2001: A Space Odyssey, but then got the opportunity to adapt A Clockwork Orange.

3. The studio pushed Stanley Kubrick to cast A-list names.

Terry Semel, then-head of Warner Bros., told Kubrick, “What I would really love you to consider is a movie star in the lead role; you haven't done that since Jack Nicholson [in The Shining].”

4. Stanley Kubrick wanted to cast Alec Baldwin and Kim Basinger.

Kubrick liked the idea of casting a real-life married couple in the film, and originally considered Alec Baldwin and Kim Basinger. (He also liked the idea of Steve Martin.) Eventually, he went with Tom Cruise and Nicole Kidman, who were married from 1990 to 2001.

5. London stood in for New York City.

Though the film is set in New York, it was filmed in London. In order to construct the most accurate sets possible, Vanity Fair reported that Kubrick “sent a designer to New York to measure the exact width of the streets and the distance between newspaper vending machines.”

6. Some of the shots in Eyes Wide Shut required no set at all.

In order to give the movie a dream-like quality, the filmmakers used an old-school method of shooting—and a treadmill. “In some of the scenes, the backgrounds were rear-projection plates,” cinematographer Larry Smith explained. “Generally, when Tom’s facing the camera, the backgrounds are rear-projected; anything that shows him from a side view was done on the streets of London. We had the plates shot in New York by a second unit [that included cinematographers Patrick Turley, Malik Sayeed and Arthur Jafa]. Once the plates were sent to us, we had them force-developed and balanced to the necessary levels. We’d then go onto our street sets and shoot Tom walking on a treadmill. After setting the treadmill to a certain speed, we’d put some lighting effects on him to simulate the glow from the various storefronts that were passing by in the plates. We spent a few weeks on those shots.”

7. Eyes Wide Shut holds a Guinness World Record.

The film has a place in the Guinness Book of World Records for the longest constant movie shoot, with a total of 400 days, which was a surprise to the cast and crew. Cruise and Kidman had only committed to six months of filming. The extended shoot was a lot to ask of Cruise in particular, who was at the height of his career. He even had to delay work on Mission: Impossible II to finish Eyes Wide Shut. He didn’t seem to mind though. “We knew from the beginning the level of commitment needed,” Cruise told TIME. “We were going to do what it took to do this picture.”

8. The script for Eyes Wide Shut kept changing.

Todd Field as Nick Nightingale in Stanley Kubrick's "Eyes Wide Shut
Warner Bros. via Getty Images Plus

According to Todd Field, who portrayed piano player Nick Nightingale (and is an Oscar-nominated filmmaker in his own right), “We’d rehearse and rehearse a scene, and it would change from hour to hour. We’d keep giving the script supervisor notes all the time, so by the end of the day the scene might be completely different. It wasn’t really improvisation, it was more like writing.”

9. Tom Cruise developed ulcers while shooting Eyes Wide Shut.

“I didn't want to tell Stanley," Cruise told TIME. “He panicked. I wanted this to work, but you're playing with dynamite when you act. Emotions kick up. You try not to kick things up, but you go through things you can't help.”

10. Tom Cruise and Nicole Kidman slept in their characters' bedroom.

In order to reflect their real-life relationship, Cruise and Kidman were asked to choose the color for the curtains in their on-screen bedroom, where they also slept.

11. The apartment featured in the movie was a re-creation of Stanley Kubrick's.

According to Cruise, “The apartment in the movie was the New York apartment [Stanley] and his wife Christianne lived in. He recreated it. The furniture in the house was furniture from their own home. Of course the paintings were Christianne's paintings. It was as personal a story as he's ever done.”

12. Stanley Kubrick temporarily banned Tom Cruise from the set.

Nicole Kidman and Tom Cruise star in Stanley Kubrick's 'Eyes Wide Shut' (1999).
Warner Bros. via Getty Images Plus

Given his penchant for accuracy, it’s quite possible that Kubrick wanted to stir up some real-life jealousy between his stars in order to help them embody their characters. In a fantasy sequence, Kidman’s character has sex with another man, which motivates the rest of the film’s plot. Kubrick banned Cruise from the set on the days that Kidman shot the scene with a male model. They spent six days filming the one-minute scene. Kubrick also forbid Kidman from telling Cruise any details about it.

13. It took 95 takes for Tom Cruise to walk through a doorway.

Six days for a one-minute scene is nothing compared to the time Kubrick had Cruise do 95 takes of one simple action: walking through a doorway. After watching the playback, he apparently told Cruise, “Hey, Tom, stick with me, I’ll make you a star.”

14. Security on the set was tight.

Aside from Kubrick, Kidman, Cruise, and their tiny crew, no one was allowed on the set, which was heavily guarded. In May 1997, one photographer managed to capture a picture of Cruise standing next to a man that the photographer thought was just an “old guy, scruffy with an anorak and a beard.” That man was Kubrick, who hadn’t been photographed in 17 years. After the incident, security on the set was tripled.

15. Paul Thomas Anderson spent some time on the set.

One person Cruise did manage to sneak onto the set was his future Magnolia director, Paul Thomas Anderson. While there, Anderson asked Kubrick, “Do you always work with so few people?” Kubrick responded, “Why? How many people do you need?” Anderson then recalled feeling “like such a Hollywood a**hole.”

16. Stanley Kubrick makes a cameo in the movie.


Warner Bros.

He’s not credited, but the film’s director can be seen sitting in a booth at the Sonata Café.

17. Stanley Kubrick died less than a week after showing the studio his final cut of Eyes Wide Shut.

Kubrick died less than a week after showing what would be his final cut of the film to Warner Bros. No one can say how much he would have kept editing the film. One thing that was changed after his death: bodies in the orgy scene were digitally altered so that the movie could be released with an R (rather than an NC-17) rating. Although many claim that Kubrick intended to do this, too. "I think Stanley would have been tinkering with it for the next 20 years," Kidman said. "He was still tinkering with movies he made decades ago. He was never finished. It was never perfect enough.”

18. By the time Eyes Wide Shut was released, a dozen years had passed since Stanley Kubrick's last directorial effort.

Eyes Wide Shut came out a full 12 years after Kubrick’s previous film, 1987's Full Metal Jacket.

19. Eyes Wide Shut topped the box office during its opening week.

The film earned $30,196,742 during its first week in release, which was enough to take the box office’s number one spot—making it Kubrick’s only film to do so.

20. Tom Cruise didn't like Dr. Harford.

One year after the film’s release, Cruise admitted that he “didn’t like playing Dr. Bill. I didn’t like him. It was unpleasant. But I would have absolutely kicked myself if I hadn’t done this.”

An earlier version of this article ran in 2015.

Top 50 Best-Selling Artists of All Time

Paul McCartney of The Beatles and Mick Jagger of The Rolling Stones sit opposite each other on a train at London's Euston Station.
Paul McCartney of The Beatles and Mick Jagger of The Rolling Stones sit opposite each other on a train at London's Euston Station.
Victor Blackman, Express/Getty Images

Who are America’s all-time favorite musicians and bands? When it comes to the best-selling artists of all time, The Beatles still rule—yes, even a half-century after their breakup. According to the Recording Industry Association of America (RIAA), these are the 50 best-selling artists of all time.

  1. The Beatles

Albums sold: 183 million

  1. Garth Brooks

Albums sold: 148 million

  1. Elvis Presley

    Elvis Presley is seen playing the guitar in his 1966 film, 'Spinout'
    Hulton Archive/Getty Images

Albums sold: 146.5 million

  1. Eagles

Albums sold: 120 million

  1. Led Zeppelin

Albums sold: 111.5 million

  1. Billy Joel

Albums sold: 84.5 million

  1. Michael Jackson

Albums sold: 84 million

  1. Elton John

    Elton John plays a concert in 2008.
    LENNART PREISS/AFP/Getty Images

Albums sold: 78.5 million

  1. Pink Floyd

Albums sold: 75 million

  1. AC/DC

Albums sold: 72 million

  1. George Strait

Albums sold: 69 million

  1. Barbra Streisand

    Barbra Streisand
    Terry Fincher, Express/Getty Images

Albums sold: 68.5 million

  1. The Rolling Stones

Albums sold: 66.5 million

  1. Aerosmith

Albums sold: 66.5 million

  1. Bruce Springsteen

Albums sold: 66.5 million

  1. Madonna

Albums sold: 64.5 million

  1. Mariah Carey

    Mariah Carey performs during the 2019 Billboard Music Awards at MGM Grand Garden Arena on May 1, 2019 in Las Vegas, Nevada
    Ethan Miller, Getty Images

Albums sold: 64 million

  1. Metallica

Albums sold: 63 million

  1. Whitney Houston

Albums sold: 58.5 million

  1. Van Halen

Albums sold: 56.5 million

  1. Fleetwood Mac

Albums sold: 54.5 million

  1. U2

    The Edge and Bono of the rock band U2 perform at Bridgestone Arena on May 26, 2018 in Nashville, Tennessee
    Jason Kempin, Getty Images

Albums sold: 52 million

  1. Celine Dion

Albums sold: 50 million

  1. Neil Diamond

Albums sold: 49.5 million

  1. Journey

Albums sold: 48 million

  1. Kenny G

    Kenny G performs onstage during the "Clive Davis: The Soundtrack of Our Lives" Premiere Concert during the 2017 Tribeca Film Festival at Radio City Music Hall
    Noam Galai, Getty Images for Tribeca Film Festival

Albums sold: 48 million

  1. Shania Twain

Albums sold: 48 million

  1. Kenny Rogers

Albums sold: 47.5 million

  1. Alabama

Albums sold: 46.5 million

  1. Eminem

    Eminem performs onstage during the 2018 iHeartRadio Music Awards which broadcasted live on TBS, TNT, and truTV at The Forum on March 11, 2018 in Inglewood, California
    Kevin Winter, Getty Images for iHeartMedia

Albums sold: 46 million

  1. Bob Seger & The Silver Bullet Band

Albums sold: 44.5 million

  1. Guns N’ Roses

Albums sold: 44.5 million

  1. Alan Jackson

Albums sold: 43.5 million

  1. Santana

Albums sold: 43.5 million

  1. Taylor Swift

    Taylor Swift performs onstage at 2019 iHeartRadio Wango Tango presented by The JUVÉDERM® Collection of Dermal Fillers at Dignity Health Sports Park on June 01, 2019
    Rich Fury, Getty Images for iHeartMedia

Albums sold: 43 million

  1. Reba McEntire

Albums sold: 41 million

  1. Eric Clapton

Albums sold: 40 million

  1. Chicago

Albums sold: 38.5 million

  1. Simon & Garfunkel

    Pop duo Simon and Garfunkel, comprising (L-R) singer, Art Garfunkel and singer-songwriter, Paul Simon, performing on ITV's 'Ready, Steady, Go!', July 8, 1966
    Hulton Archive/Getty Images

Albums sold: 38.5 million

  1. Foreigner

Albums sold: 38 million

  1. Rod Stewart

Albums sold: 38 million

  1. Tim McGraw

Albums sold: 37.5 million

  1. Backstreet Boys

Albums sold: 37 million

  1. 2 Pac

Albums sold: 36.5 million

  1. Bob Dylan

    Bob Dylan
    Evening Standard/Getty Images

Albums sold: 36 million

  1. Def Leppard

Albums sold: 35.5 million

  1. Queen

Albums sold: 35 million

  1. Dave Matthews Band

Albums sold: 34.5 million

  1. Britney Spears

    Britney Spears performs at the 102.7 KIIS FM's Jingle Ball 2016
    Christopher Polk, Getty Images for iHeartMedia

Albums sold: 34.5 million

  1. Bon Jovi

Albums sold: 34.5 million

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