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Partner David Halberstadter Comments on Legal Fair Use in Law360

Firm News | February 3, 2014

David Halberstadter, a partner in the Entertainment and Media practice, spoke with Law360 regarding a preemptive lawsuit concerning 1970s sitcom Three’s Company. Claiming threats of legal action from current Three’s Company owner DLT Entertainment Ltd., the playwright of 3C—who admits the off-Broadway show employs elements of the television series—asked a New York federal court for declaratory judgment that the play is a critical commentary on the show, not a substitute for or copy of it. David notes that fair use is fact-based, and a court might consider the play a competitor, not just a critique. (“Playwright Says Three’s Company Satire Is Fair Use,” January 31, 2014)

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