Intellectual property in stand-up comedy

[DarkWaters]

Recently, stand-up comedian and Fear Factor host Joe Rogan has accused stand-up comedian Carlos Mencia of stealing jokes from many other comics, himself included. Several comedians have voiced their support for Joe Rogan and for the veracity of his claims.

What rights should a stand-up comedian have to his material?

I do not know any specifics about the allegations cited above. Using this situation as an example would be nice, but not necessary.

Edited February 17, 2007 by DarkWaters

[DavidV]

It should be noted that Joe Rogan was so much upset that Mencia stole jokes, but that he didn’t give credit. Furthermore, when Rogan posted a video showing proof of his claims, Mencia invoked the DMCA on him to force it down.

http://www.recordonline.com/apps/pbcs.dll/...ERTAIN/70215009

http://www.joerogan.net/main.php

Edited February 17, 2007 by GreedyCapitalist

[JMeganSnow]

What rights should a stand-up comedian have to his material?

That's a tough question to answer, because stand-up comedy is really, really ephemeral. Just off the top of my head without any really deep consideration, I'd say that it's not really necessary to worry about this kind of thing, because telling old jokes is a losing proposition, anyway.

A stand-up comedian's stock-in-trade is making people laugh, and if you tell someone a joke they've heard before (especially by another famous comedian!) they will not laugh, they will think that you are a tired and pathetic wannabe. So it's in your best interest to come up with original material anyway: copycats will simply turn themselves into permanent second-raters, kind of like a band that only does cover songs. It doesn't matter how good the band is, the fact that they don't create their own music consigns them forever to doing nightclubs and bar mitzvahs.

While you could say this with many forms of IP, I think the effect is very pronounced with stand-up and Mr. Rogan has done the only thing necessary: exposed the copycat.

However, all this doesn't answer the question of what rights a stand-up comedian has, which I expect is the really important part of your question. He simply has the same rights as any other IP creator and people can't copy his books or the tapes of his shows without his permission. Repeating an individual joke from an entire routine may possibly fall under "fair use", though, but that means you have to give credit. The above was simply me wondering whether it's worthwhile to actually seek legal redress for this kind of stupidity.

[Seeker]

Offhand I'd say there are no legal rights, and ought not be, unless there's a book or recording. I agree with JMeganSnow's answer.

[y_feldblum]

"Stealing jokes" is just plagiarism.

[Alessa36]

A priest, a rabbi and a duck go into a bar...

Who, or can someone even own this premise for a joke?

[DarkWaters]

A priest, a rabbi and a duck go into a bar...

Who, or can someone even own this premise for a joke?

I doubt that anyone can own this premise for a joke. Intellectual property does not and should not last forever. A lead-in as mundane as a bunch of contrasting characters conspicuously wandering into a bar has been around for a long time and surely cannot be claimed by anyone.

[DavidOdden]

I doubt that anyone can own this premise for a joke. Intellectual property does not and should not last forever. A lead-in as mundane as a bunch of contrasting characters conspicuously wandering into a bar has been around for a long time and surely cannot be claimed by anyone.

Depends on how long. If my theory is right that it was originated by Steve Allen in the 1950's, and if originally filed and then renewed his copyright, he has a claim. But unless he was embalmed, he probably doesn't have a leg to stand on. Badda boom, tssshh. Thank you, ladies and germs, you've been a wonderful audience.