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Can You Copyright a Joke? (npr.org)

Posted by msmash on from the getting-to-the-bottom-of-things dept.

Reader AnalogDiehard writes: Writer Alex Kaseburg has filed a lawsuit against TBS and Time Warner alleging that jokes recited on the Conan O'Brien show were stolen from his blog shortly after they were published. The case gets heard in August and could create new protections in a legal forum in which there is little precedent or clear definition in what defines a joke as "original" and subject to legal protection, especially in an industry where theft of humor occurs on a regular basis. But the outcome of any judicial decision opens a big can of worms and raises serious questions: Will YouTube videos get shut down from DMCA notices citing copyrighted jokes? Will compliance staff have to be retained to ensure that their magazine or news article, TV show, movie, or broadway act is not infringing on copyrighted jokes? Will copyrights on jokes get near-perpetual protection like the controversial Sonny Bono Copyright Extension Act? Will people be able to recite limericks without fear of infringing? Will tyrannical politicians copyright critical jokes to oppress freedom of speech? Will legal cases be filed arguing that a comedian's joke(s) bears too much similarity to a copyrighted joke recited decades ago? Will girl scouts be free to tell copyright jokes around the campfire?

2 of 230 comments (clear)

  1. Re:Simple by tomxor · · Score: 5, Informative

    No

    Similarly, you can't Copyright a word, or a string of words.

    What... like a book?>

    There is not hard line of "originality" the brain is input output with an arbitrary amount of processing, cases argue originality of creative works all the time, and everytime they draw an arbitrary line, so "can you copyright a joke"? that's subjective, it depends on the case, it depends on the Judge. (Yes copyright makes no sense)

  2. Re:Simple by dougmc · · Score: 4, Informative

    Similarly, you can't Copyright a word, or a string of words.

    You absolutely can copyright a string of words, if it's long enough. And they don't have to be complete thoughts, either.

    Here's a quick summary of what can and can't be copyrighted (page 3.)

    Actually, based on existing law ... I'd say that jokes can be copyrighted as long as they've been recorded somehow -- written down, recorded audibly, etc. and especially if they've been published. One might argue that a really short joke ("Three guys walk into a bar. The fourth one ducks.") is too short, but a longer one? Like "The Aristocats"? Seems eligible to me.

    Of course, the courts may see it differently, but I guess we'll see ...

    You can copyright very long strings of words as complete thoughts, but even then I can quote you all I like as long as I give credit.

    You have a strange view of copyright law.

    {The entire text of the Harry Potter series} --J. K. Rowling

    Of course, that's not what you meant, but it is basically what you said ...

    What you seem to be referring to is "fair use". It certainly exists, but you've greatly oversimplified it.