United States:
Second Circuit Reverses Copyright Fair Use Defense In "Hand Of God" Case, But Affirms Dismissal On Standing Grounds
26 October 2016
Herrick, Feinstein LLP
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Read Barry Werbin's latest blog, published by the Entertainment,
Arts & Sports Law Section of the New York State Bar
Association, discussing the Second Circuit's reversal of
the district court's finding that the verbatim use of the
famous Abbott & Costello "Who's on First?" comedy
skit by the producers of the Broadway show "Hand of God"
qualified as a non‐infringing fair use. The report
examines the ways in which the decision clarifies the limits of
transformative use, cutting back on what had been viewed by many
practitioners as an increasingly expanded application of that
concept in fair use cases.
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