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23 October 2015 / Athelstane Aamodt
Issue: 7673 / Categories: Features
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The laws of comedy

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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

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A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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