Can You Copyright a Joke? (npr.org)

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?

Comments

Simple

[s.petry]

No

Similarly, you can't Copyright a word, or a string of words. You can trademark a company name, but I can tell jokes about your Company all day long and not violate your trademark law. 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.

If one could copyright a joke, countless comedians would have no possibility of a career. Jokes are remade over and over and over, in addition to being simply stolen between acts. (Intentionally avoiding digs at comedians known to steal other people's jokes.)

Re:Simple

[orgelspieler]

You can copyright anything that you have created that has been recorded in some fashion, including a "string of words." If I wrote down a novel and creative joke and published it, and somebody performed the joke in public, they infringed my copyright. I'm rather curious how this will pan out, because Stephen Colbert's writers have been "stealing" material from @midnight, and that would make for a great lawsuit!

Re:Simple

[s.petry]

No

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

What... like a book?>

Selective reading at it's finest. Try not cherry picking points to make non-existent arguments with.

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)

A joke is not just a string of words. A joke is delivery, context, relevance to history/current events, etc... This is why jokes are recycled over and over again over generations. No, you can't copyright a joke. It is material that already exists in the public domain. If you have to go judge shopping to get the answer you want, it is an immoral position to hold.

Re:Simple

[Dog-Cow]

It is material that already exists in the public domain.

I don't like the idea of copyrighting jokes, either, but this argument is just plain wrong. Stories of all sorts have existed for centuries, or longer, but adaptations get copyright all the time. In this sense, jokes are just short stories.

Re:Carlos Mencia is going to be out of a job

[cogeek]

Joe Rogan? Is that you?

The Aristocats!

[xbytor]

> Like "The Aristocats"? Seems eligible to me.

Nope. The thing about the Aristocrats is that every comic does their own version. The arch of the joke and the last line is the only thing each version shares. The details are unique to the comic.