Entertainment
How ‘Dead Outlaw’ Became An Unlikely Broadway Hit (And Multi-Tony Nominee)

One of the most acclaimed new musicals on Broadway right now has all the charm of a corpse — literally.
The unlikely subject of Dead Outlaw is the life — and death — of Elmer McCurdy, a late 19th-century ne’er-do-well who came to an early end but whose corporeal form enjoyed a bizarrely long afterlife as a well-preserved (well, for a time) traveling oddity. On paper, it might not sound like typical musical fare, but thanks to an expert creative team — led by co-composers David Yazbek and Erik Della Penna, director David Cromer and writer Itamar Moses — Elmer’s tale becomes not just strangely humorous and poignant but deeply thought-provoking.
Yazbek has a résumé stacked with great musical adaptations of films — including The Full Monty, Women on the Verge of a Nervous Breakdown, Tootsie and The Band’s Visit, the latter of which won him the Tony for best original score. But Dead Outlaw is an increasingly rare breed of show on Broadway these days, based on no pre-existing intellectual property and not driven at the box office by celebrity names above its marquee.
So far, that’s working out well: Dead Outlaw just received a best musical nomination for the 2025 Tony Awards, one of seven nods for the show also including best score for Yazbek and Della Penna’s music, which is performed by a crackerjack band onstage. Yazbek is rarely working on one show at a time — among many overlapping projects, he’s also creative consultant on the Tony-nominated Buena Vista Social Club — but he and Della Penna took the time post-opening to talk to Billboard about Dead Outlaw and why often, on Broadway, smaller is better.
How did you become aware of McCurdy’s crazy story in the first place, and how did you know it would lend itself well to musical form?
David Yazbek: The answer to the second part of that question is not until basically opening night (laughs). I heard the Elmer McCurdy story like 30-something years ago; when his body was discovered in 1976 by The Six Million Dollar Man TV crew it was a national story briefly, and I think a college friend’s mother sent him clippings about it. He told me the story and it really stuck, especially the themes of identity and death and mortality and greed and fame. For years and years, anyone who heard the actual true story was just amazed that it actually happened. And one of the people I told it to eventually was Erik, who I was in a band with and had written some songs with, and he got hooked.
Erik Della Penna: It was just such an odd story that it’s immediately compelling — anybody I tell this story to is immediately interested. I consider myself a student of American music and of history in general, so this kind of hit all my buttons for those interests
Yazbek: And those factors don’t make it an obvious thing for a musical or a play or whatever, but…
Della Penna: I feel like a musical is sort of the best way to tell the story. Theater really succeeds when it in some way represents an otherworldly environment, and there’s only scant facts in the Elmer McCurdy story. So it’s the perfect way to present them and to really show the depth of it, and not just the cold facts — to bring some humanity to it and relatability.
Yazbek: We both had the instinct that that would be the way to tell the story, and that we could write the songs to tell the story. And, you know, I guess we’re right. So far.
Erik Della Penna (left) and David Yazbek
The ideas it brings up about achieving fame and notoriety at any cost — about this very American obsession with being remembered for something, anything — feels especially timely…
Yazbek: I have his memory of when I was maybe 15, I wrote a short story for a class, and it was kind of about that ephemeral idea that for some reason being remembered will afford you some degree of immortality. It’s just another f–king illusory comfort, but it really does drive people, sometimes for their entire lives — this idea of, “Oh sh-t, I’m gonna die. But wait a minute, I’ll be remembered! I’ll have a legacy!” Even the word legacy is dangerous. It’s why some people amass much more wealth than they should and put their name on buildings.
Della Penna: It doesn’t even work with buildings. Like, [New York’s] Alice Tully Hall is now David Geffen Hall, so what happened to Alice Tully? Now we all forget about her?
The onstage band is central to the show. Did you have a particular sonic palette or influences you were drawing upon in writing the music?
Della Penna: I think Yazbek asked me because my musical interests were in early 20th century American music…
Yazbek: That’s pretty accurate. I don’t read reviews, but people keep throwing little bits at me, and [the New York Times review] was referencing an album of mine called Evil Monkey Man, and Erik is all over that album, and just like in this show, he’s playing lap steel, different electric and acoustics, and there’s some banjo. That’s sort of at the root of all of this: Erik and I are both capable of being very eclectic in our songwriting. We both love this genre — I don’t want to call it Americana, but like you just said, that early 20th century American music…
Della Penna: And that includes Cole Porter, Irving Berlin, Jimmy Rogers…
Yazbek: And all of that stuff is very apropos for this show. The show is 100 years of American history. And from the very beginning, we sort of said, “Let’s Lennon and McCartney this” — in other words, let’s not be counting bars and who wrote what, let’s go all in, and that was part of the fun of it.
Though you do have two standout performances in central roles — Tony nominees Andrew Durand as Elmer and Jeb Brown as the narrator and bandleader — this truly feels like an ensemble piece. The cast is a band too, in a way.
Della Penna Absolutely — the cast as a band, that’s right. We were thinking about that for a while, getting a star in there [as] the narrator. I thought that would be more guaranteed juice for this to move [to Broadway]. But I also felt bad that it was sort of a cop out for the quality of the piece and the quality of the music. So I’m glad where it landed.
Yazbek: Yeah, me too. I was talking to somebody, maybe one of our producers, about how there’s the artistic currency of a show, but then there’s also, like, the currency for marketing the show itself. And to me, the currency for marketing the show is quality with a capital Q. The star of the show is how great everyone is who’s in it, and its uniqueness and its depth. Like, can’t you market that? (laughs)
Dead Outlaw
Dead Outlaw started out at New York’s Minetta Lane Theater as part of Audible’s theater series there. How did that help launch the show?
Yazbek: There are several independent theaters, regional and local, that should have just immediately said, “Oh, the Band’s Visit guys. Oh, this music, oh, this story. Yeah, sure, here’s a slot.” And for some reason, I guess because we didn’t have a star and it wasn’t [preexistent] IP, they didn’t do it. I’ve had at least two artistic directors tell me how much they regret not doing it, which is very satisfying. But it was [Audible’s] Kate Nathan who said, “Oh, I think we can do this. I think we want to do this.” And as the budget grew, she just saw us through the development. That takes vision.
David, you’ve done big, splashy shows, and you’ve done smaller shows like this one. As creators, does doing a smaller-scale show allow you to do something that a big budget spectacle doesn’t as much?
Yazbek: Part of it is like independent film versus studio films. There are producers out there who don’t really understand how to bring quality, other than just bringing the big flying helicopter or whatever the money can buy. There are economic exigencies to putting up a show on Broadway and keeping it running. And from the very beginning [with Dead Outlaw], I had that in my head. When we first were thinking, “Oh, well, let’s just do this as a band show with one narrator, and that narrator’s in the band” — to me, that was like, how could you say no to that? It’s just got to be good, but it’ll also be so inexpensive that you could put it in a playhouse and it could run as long as people want to see it without us having to charge $800 a ticket. Sometimes great art is done with a limited palette, as opposed to with anything you want. How much value is there in seeing these eight performers do 60 parts, and they’re great? Like, that’s f–king theater right there.
Entertainment
Tim Dillon Fired From Riyadh Comedy Festival for Saudi Slavery Remarks: ‘They Didn’t Like That’

Tim Dillon will not be traveling to the Riyadh Comedy Festival next month. The California comedian and host of The Tim Dillon Show podcast says he was fired from the Oct. 8 Saudi Arabia festival for comments he made about the country on Joe Rogan‘s podcast.
Besides losing a $375,000 payday (an amount Dillon confirmed to Rogan), he also lost a nearby warm-up gig in Dubai two nights before his Riyadh appearance after mixing up the Arab emirate with Abu Dhabi (the rival cities are both part of the United Arab Emirates).
“I mixed them up — apparently this is a big deal over there. This is a real problem,” he said on a recent episode of his podcast. “This is not a malicious slander. It’s a mistake.”
The Riyadh Comedy Festival — which mostly takes place at the Bakr Al-Sheddi Theatre and ANB Arena from Sept. 25 to Oct. 9, features a number of top tier comedians including Dave Chappelle, Bill Burr, Gabriel Iglesias, Aziz Ansari, Kevin Hart, Jeff Ross, Chris Distefano, Tom Segura, Jo Koy, Sam Morril, Hannibal Buress, Andrew Schultz, Sebastian Maniscalco, Whitney Cummings, Jimmy Carr, Louis CK, Pete Davidson, Russell Peters and Chris Tucker.
“Supposedly, MBS is a fan of mine,” Dillon said two weeks ago on the Joe Rogan Experience podcast, referring to Saudi head of state Mohammed Bin Salman.
Dillon was reportedly fired from the festival for claiming that Saudi Arabia relies on slave labor — a controversial take on the country’s foreign laborers laws that some groups, including Human Rights Watch, have criticized as “slavery-like.” Legally, slavery was abolished in the Kingdom in the 1960s.
Dillon said the slavery jokes were a misunderstanding with his Saudi hosts, saying on his podcast, “I was defending them for having slaves. I literally said, ‘Slaves are hard workers and for the most part agreeable.’ But they didn’t like that.”
“You can literally support somebody too much,” he added. “In life, this happens. Too many compliments; too much support — and then they turn on you.”
He clarified his comments further, noting, “If i was a slave — not that I want to be one, but if I was and I built this really nice thing, I might say to my slave children, ‘Daddy built that,'” concluding, “Apparently this got to the people in Saudi Arabia and they were unhappy about it.”
The Riyadh Comedy Festival opens Sept. 25 with performances by Burr, Maz Jobrani and Andrew Santino and Bobby Lee from the Bad Friends podcast. More here.
Entertainment
Wilson Phillips, Kenny Loggins & More to Perform at Charity Concert Honoring Brian Wilson & The Beach Boys

Wilson Phillips, Kenny Loggins, David Pack of Ambrosia and more are set to perform at a charity concert celebrating the music of Brian Wilson and The Beach Boys on Saturday, Sept. 27 at the Granada Theatre in Santa Barbara.
Wilson Phillips features two of Wilson’s daughters, Carnie and Wendy Wilson, as well as Chynna Phillips, the daughter of John and Michelle Phillips. The concert will also feature Brian Wilson’s grandchildren, so it will spotlight three generations of the Wilson family.
The concert, dubbed An All-Star Tribute to the Music of Brian Wilson & Songs of The Beach Boys, will feature the Folk Orchestra of Santa Barbara. Other guest performers are expected to include The Honeys; former members of The Beach Boys and the Brian Wilson Band; and keyboardist Don Randi (The Wrecking Crew); with appearances by Rosemary Butler (Jackson Browne), Ken Stacey (Elton John), Hunter Hawkins (Kenny Loggins), Carly Smithson (American Idol), Alisan Porter (The Voice) and poet Stephen J. Kalinich. These acts will be backed by The Tribe Band, who will perform an array of Beach Boys favorites.
The show begins at 7:30 p.m. Here’s a link for tickets. VIP packages are also available.
Proceeds will be donated to Adam’s Angels, a local group of volunteers, and the Surfrider Foundation of Santa Barbara, dedicated to the protection and enjoyment of the world’s oceans and beaches.
Brian Wilson died on June 11 at age 82. He was the third member of the fabled group to pass, following brothers Dennis in 1983 at age 39 and Carl in 1998 at age 51.
Entertainment
AI Artist Xania Monet, Diddy Sentencing Looms, Ticketmaster Lawsuit & More Music Law News

THE BIG STORY: If you needed another clear sign that artificial intelligence is seeping into every aspect of American cultural life, here’s one: An AI artist just signed a record deal, the hallowed milestone of success for any emerging musician.
As first reported by Billboard last week, Xania Monet — the avatar of a woman named Telisha Jones who writes her own lyrics but uses Suno to create the music — inked a record contract worth millions. The deal has quickly become the talk of the industry, including from stars who have spoken out, including Kehlani, who said: “I don’t respect it.”
But…what exactly is a label buying here? It remains unclear the extent to which you can secure intellectual property rights to AI-generated songs, raising hurdles for monetizing them. And platforms like Suno are still facing trillion-dollar infringement lawsuits that essentially claim the technology itself is illegal. For more, go read our full story.
You’re reading The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between. To get the newsletter in your inbox every Tuesday, go subscribe here.
Other top stories this week…
BLIGE CASE TOSSED – A federal judge dismissed a lawsuit against Universal Music Group claiming Mary J. Blige’s enduring 1992 hit “Real Love” infringed the oft-sampled 1973 funk song “Impeach the President” by the Honey Drippers, which has been used by Run-DMC, Dr. Dre, Doja Cat and many others over the years. The judge said the two songs were so different that nobody would hear the earlier song: “The songs do not sound the same.”
DIDDY SENTENCING – Attorneys for Sean “Diddy” Combs urged a federal judge to sentence him to just 14 months in prison on his prostitution convictions, asking him to reject the kind of “draconian” punishment sought by prosecutors. Because the star has already served 13 months in jail since he was arrested, that sentence would see him released almost immediately: “It is time for Mr. Combs to go home.”
LETTERS OF SUPPORT – To help make that argument, Diddy’s lawyers filed dozens of letters from supporters, pleading with the judge to show lenience toward the rapper when he sentences him next month. They came from Diddy’s mother and kids, from ex-girlfriend Yung Miami and from an executive at hip-hop label Quality Control Music — among many others.
SUNO SUIT 2.0 – Separate from the Xania Monet situation, the major record labels filed an amended version of their copyright lawsuit against the AI music firm, adding new allegations that the company illegally “stream-ripped” songs from YouTube to train its models. That’s a hugely important new claim: In a separate such lawsuit against Anthropic, a federal judge ruled this summer that AI training itself is likely a legal “fair use” but that using pirated works to do it could lead to many billions in potential damages.
FTC, YEAH YOU KNOW ME – The Federal Trade Commission filed a lawsuit against Live Nation and Ticketmaster accusing the concert giants of advertising misleading ticket prices and allowing scalpers to buy up tickets and resell them at inflated prices. The case came months after the agency sued a ticket broker that allegedly used thousands of fake Ticketmaster accounts to buy and resell tickets to Taylor Swift concerts and other events — and two years after Live Nation was hit with a sweeping monopoly lawsuit by the U.S. Department of Justice.
HYPE VID SETTLEMENT – Mike Tyson settled a lawsuit claiming he illegally used the Jay-Z, DMX and Ja Rule song “Murdergram” in an Instagram video promoting his boxing match against Jake Paul. The case was filed by Ty Fyffe, a producer and co-writer of the 1998 track who claimed that Tyson had willfully infringed his copyrights by using the song in a training video ahead of his much-hyped fight with Paul.
LOSE YOUR … CASE? – Meta urged a federal judge to dismiss a lawsuit from Eight Mile Style, a music publisher that owns hundreds of Eminem songs, which claims the social media giant made “Lose Yourself” and other iconic tracks available to billions of users. In the motion, Facebook’s lawyers argued the case was “remarkably short on specifics” about actual infringing material: “Fanciful estimates are not a substitute for well-pleaded facts,” the company wrote.
NEVER MEANT TO CAUSE YOU ANY PAIN – The Prince estate asked a judge to dismiss a lawsuit by the late singer’s Purple Rain co-star Apollonia (Patty Kotero) that claims the estate is trying to “steal” her name, arguing it has no intention of forcing her to change her name — and has repeatedly told her as much. The filing did say, however, that Apollonia secured her own trademarks during “the chaotic period following Prince’s death.”
SEX TAPE LEAK CASE – Colombian pop star Beéle was hit with a lawsuit alleging invasion of privacy and sexual cyberharassment from ex-girlfriend Isabella Ladera, claiming he is responsible for leaking their sex tape. Beéle’s reps have denied that he was the source of the leak and said the singer is “also a victim,” but Ladera’s lawsuit placed the blame squarely on him: “Only two people had the videos, and Ladera had already erased them almost a year and a half before.”
MEGAN THEE PLAINTIFF – Lawyers for Megan Thee Stallion argued in court filings that the social media personality DJ Akademiks must reveal whether Tory Lanez sent him a confidential DNA testing report during the singer’s criminal case. The filings came amid discovery in a defamation case against Milagro Gramz, a gossip blogger and ardent online defender of Lanez.
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