No Laughing Matter: Can You Copyright A Joke?

from the knock-knock dept

Last year there was a bit of a fuss when comedian Joe Rogan accused Carlos Mencia of stealing jokes. Amusingly, Mencia responded to the claims of plagiarism by using a copyright infringement claim to get Rogan's video of the accusation taken down. However, in a more detailed discussion of the issue, we pointed out how silly it is to claim a copyright on a joke. There are a ton of joke books out there, many of which collect all kinds of jokes that have been told by many people, without bothering to find the originator and pay them (or even credit them). In fact, with most jokes, it's not the joke that matters, but the delivery. As I noted, I had recently read Isaac Asimov's "Treasury of Humor" where he admits that almost all of the jokes are ones he heard from others -- and no one seemed to think it was infringing.

However, that didn't stop Jay Leno and some other comedians from suing a woman who published a recent joke book that included some Leno jokes. Rather than go through a lawsuit, the woman and her publisher quickly settled the lawsuit paying an undisclosed sum and publicly apologizing. This leads William Patry to put together some details of other court cases looking into the copyrights of jokes, noting that Jeff Foxworthy sued someone for using his jokes, even though he admits people send joke ideas to him that he uses.

All of this seems to be an unfortunate extension of the increasing use of copyright to "control" every last use of content. Telling jokes is a social experience, often having little to do with the material itself, and quite a lot to do with the performance and delivery. Witness the movie The Aristocrats, where the entire premise is getting a bunch of different comedians to all tell the same joke, and looking at the different performances and embellishments. No one screamed about copyright infringement in that case -- and the comedians seemed to relish the chance to tell the same joke in many different ways. It's unfortunate that we're now reaching the point that something that used to be a shared experience is also going down the path to being protected and limited.

Filed Under: carlos mencia, copyright, isaac asimov, jay leno, jeff foxworthy, joe rogan, jokes

Latest Thing To Blame On The Internet: The Death Of Jokes

from the you-just-aren't-funny-any-more dept

People love to blame the internet for "the death" of things (newspapers, music, social lives, grammar, etc., etc.). Those claims are rarely (if ever) accurate -- but at least you can sort of understand where they're coming from. However, this latest study makes almost no sense at all, claiming that the internet is killing the ability to tell jokes. According to the short blurb about the study, 40% of people would rather forward an internet gag such as a video or a rambling joke email than tell a joke themselves. Of course, given the joke-telling ability of many people, this might not be a bad thing. Furthermore, it seems like, if anything, this has simply expanded the market for humorous content, rather than shrunk it. Perhaps, instead, we should be more worried about the decreasing ability for people to understand jokes than the desire to tell them.

Filed Under: jokes, online