The use of the famous Abbott and Costello vaudeville routine “Who’s On First” in the Broadway play “Hand to God” is not shielded by the fair use defense to a claim of copyright infringement, the U.S. Court of Appeals for the Second Circuit said Tuesday.
But the Second Circuit upheld the dismissal of the case brought by the successors to the heirs of the comedy duo against the play’s writer and producers on other grounds.
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