2nd Circ. Affirms Dismissal Of 'Who's On First?' Suit

Law360, New York (October 11, 2016, 3:31 PM EDT) -- The Second Circuit affirmed a lower court decision Tuesday dismissing a case challenging use of the "Who's on First?" Bud Abbott and Lou Costello routine in a Broadway production, finding the inclusion was not fair use but that the comedy duo’s estate failed to plausibly allege a valid copyright interest.

In a 62-page opinion, the three-judge panel concluded that the district court erred in finding the use of playwright Robert Askins’ Broadway dark comedy "Hand to God" transformative and wrongly found on that basis that a...
To view the full article, register now.

Documents

Related

Sections

Case Information

Case Title

TCA Television Corp. v. McCollum


Case Number

16-134

Court

Appellate - 2nd Circuit

Nature of Suit

3820 PROPERTY RIGHTS-Copyright

Date Filed

January 13, 2016

Law Firms

Companies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.