2nd Circuit: Copyright Interest In ‘Who’s On First’ Routine Lacking

(October 12, 2016, 11:02 AM EDT) -- NEW YORK — Although rejecting a New York federal judge’s determination that incorporation of Abbott and Costello’s iconic “Who’s on First” comedy routine into a Broadway play was a fair use, the Second Circuit U.S. Court of Appeals on Oct. 11 nonetheless affirmed dismissal of the case after finding that plaintiffs failed to assert the existence of a plausible copyright interest (TCA Television Corp., et al., v. Kevin McCollum, et al., No. 16-134, 2nd Cir.; 2016 U.S. App. LEXIS 18333).

(Decision available.  Document #16-161017-012Z.)

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