October 11, 2016
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.
June 23, 2016
The Second Circuit on Thursday seemed to view the dismissal of a suit filed by the estate of comedy duo Abbott and Costello against the producers of a Broadway play featuring their famous "Who's on First?" routine as a close question, with one appellate umpire suggesting the copyright dispute should have proceeded to discovery.