PHILADELPHIA — “Abbott Elementary” is no knock-off, a federal judge has ruled.
The Philadelphia-set ABC comedy is not similar enough to writer and actress Christine Davis’ proposed television show “This School Year” to infringe on its copyright, U.S. District Judge Katherine Failla wrote in an opinion issued Wednesday. As a result, the case was dismissed.
“The Court’s comparison of ‘This School Year’ and ‘Abbott Elementary’ makes plain that no discerning ordinary observer would find the works to be substantially similar,” Failla wrote.
Davis’ attorney did not respond to request for comment. Attorneys for ABC and show creator and West Philadelphia native Quinta Brunson declined further comment.
A New-York based writer, actress and school teacher, Davis sued Brunson, ABC and other defendants in 2022, writing in her initial complaint that “Abbott Elementary” is a “veritable knock-off” of “This School Year.” Written in 2018, Davis’ proposed show, while set in New York, had nearly two dozen alleged similarities to “Abbott Elementary,” including the “look and feel of the inner-city school, the mockumentary style, unique plot synopsis, set design and unique characters,” the complaint read.
“This School Year” was registered with the U.S. Copyright Office in 2020, and in 2021 with the Writers Guild of America. “Abbott Elementary” premiered on ABC and the streaming service Hulu in December 2021.
Davis alleged that she showed her script to producers with connections at ABC in summer 2020, and had several meetings about a pilot. The lawsuit contended that the producers were “aware that Hulu and ABC were looking for Black, female-led comedies,” and passed Davis’ work to the network without her knowledge or permission.
In September 2020, ABC “commenced production on ‘Abbott Elementary,’ a new, Black, female-led comedy with substantial similarities” to “This School Year,” the lawsuit alleged.
Failla, however, found that “none of [Davis’] complained-of similarities is borne out by the Court’s close review of the works themselves.” The shows’ tones, feel, concepts, and characters are distinct from one another, and Davis “does not identify specific similarities in the pace of the two works,” she added in the ruling.
“[Davis] fails to demonstrate that such overall similarity is present here,” Failla wrote. “The two works use qualitatively different plots, themes, and characters to cast different perspectives on the experiences of teachers in under-resourced, inner-city public school settings.”
“Abbott Elementary” is in its third season, and airs Wednesdays at 9 p.m. ET on ABC. The series was renewed for a fourth season last month.
