Silverman v. Cbs, Inc.

870 F.2d 40 (2nd Cir. 1989)

Facts

Amos and Andy were created by Gosden and Correll who eventually assigned the rights to CBS, Inc. In 1981, Silverman began writing a script for a Broadway musical based on the Amos and Andy characters. Silverman sought to license the use of Amos and Andy, but CBS refused. P sued claiming that the prior radio programs from 1928 to 1948 were in the public domain and that Silverman was free to use their content. After a bench trial, it was concluded that CBS had not abandoned its marks. Silverman appealed.