header-logo header-logo

23 October 2015 / Athelstane Aamodt
Issue: 7673 / Categories: Features
printer mail-detail

The laws of comedy

nlj_7673_backpage

Copyright is no laughing matter for an aggrieved comic, says Athelstane Aamodt

Recently, Twitter has started to bow to complaints from users that others on the social network have been lifting jokes and passing them off as their own. Claims of joke theft are nothing new of course. Robin Williams, Keith Chegwin, Carlos Mencia and Denis Leary have all had allegations of plagiarism levelled at them during their careers. The comedian Josh Ostrovsky, who calls himself “The Fat Jew”, has long been accused by other comedians of stealing people’s material, prompting one person to compile a list of the top 50 jokes that Mr Ostrovsky is alleged to have stolen.

Joke theft makes comedians extremely angry; jokes are how they make their living. What then would be the potential legal avenue available to an aggrieved comic?

What is a joke?

Jokes are written and designed to be performed, and for that reason they can be most accurately described as dramatic works (the Copyright, Designs and Patents Act 1988, s 3). However, the nature of jokes can present problems for copyright law. How long, for instance,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll