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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...
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Case Information

Case Title

TCA Television Corp. v. McCollum

Case Number



Appellate - 2nd Circuit

Nature of Suit

3820 PROPERTY RIGHTS-Copyright

Date Filed

January 13, 2016

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