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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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MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

Clyde & Co—Nick Roberts

Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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