"In presenting Plaintiff's Program, defendants sought to critically examine the quality of plaintiff's "Public Access" television show."Once again, The Daily Show was parodying/criticizing the work they were copying. I don't believe they would have been able to use other copyrighted materials in their parody/criticism of "The $andy Kane Comedy Show." e.g. they could not have played Frank Sinatra (a more palettable example than Eminem) in the background without permission from the copyright owner.