Fair use doctrine – Comedy routine fails to get laughs from plaintiff — or court

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Abstract: Imitation may be the sincerest form of flattery. But imitation can also be unlawful infringement if use of copyrighted material isn’t deemed “fair.” This article explains what happened when the fair use doctrine was applied to a theater company’s use of a famous Abbott and Costello comedy routine. Much to the surprise of the parties, the Second Circuit provided a twist ending. TCA Television Corp v. McCollum, No. 16-134, Oct. 11, 2016 (2d Cir.)