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Stand-up comedians, much like authors, musicians, directors, and painters, are artists who make their living by sharing creative works with the public. Similar to other creatives, the protections given to a stand-up comics’ intellectual property can sometimes be limited and/or ineffective at actually preventing theft. This is specifically due to three main factors: first, practical considerations regarding the expenses that go into filing an Intellectual Property (IP) lawsuit. Secondly, the main protections for IP exist within copyright law, which makes it “particularly difficult and uncertain in lawsuits over joke stealing” to achieve success—according to Dotan Oliar and Christopher Jon Springman’s book There’s No Free Laugh (Anymore). Thirdly, “joke theft” is often ignored by the public and the media. That said, changes in social media and online culture are forcing us to reexamine the ways in which we look at the rights afforded to comedic artists and their laughs; specifically, the way in which users are able to confront the struggles comics face through YouTube, TikTok, and X (formerly known as Twitter) threads, thus explaining the social norms of this professional landscape.
As we have established, joke theft is no laughing matter—especially not to the comics, who must account for these thieves in their profession. Comics have developed an unspoken and unwritten code between comedians when it comes to protecting themselves from joke theft. This code protects “jokes using a system of social norms” that help govern their respective creative space while also inducing and encouraging new creative works. The most notable of these social norms is as follows:
The most major offense one can commit in the comedic business is the act of simply rewriting, rewording, or blatantly copying another comic’s joke (a.k.a. stealing their laughs). This is often referred to as joke appropriation. The course of action that follows this is usually incredibly amicable and consists of a charged but understanding conversation between comics in which they make an agreement on whether one or the other has more claim over the joke or if they can both use the joke under certain constraints (i.e., suggesting that they may both use the same joke but only if they tell it in opposing parts of the country). That said, for the few and far between cases in which this conversation does not occur or is insufficient to curb recurring thief’s habits, the enforcement of this understood norm comes in.
An accusation of merit against another comedian could tarnish their good reputation and, in extreme cases, completely ruin it. Allegations of stealing in a creative space, such as comedy, can deplete a comedian’s respect within that space, leaving them stranded and depreciating their chances of success in the field. It can even “end a comedian’s career.” When the aggravated comic is unable to settle, they have the tools of two common informal sanctions: “attacks on reputation and refusals to deal.” The wronged comic will use these two tools to shun the other comics within the community and, ideally, get them banned from other comedy clubs. These clubs would most likely refuse to book the accused and even go out of their way to prevent them from acquiring bookings in other clubs or on TV. Additionally, one of the most important ways to become successful in comedy is by acquiring a more well-established mentor to show you the ropes and help you make connections, but if you’re actively being treated like a leper, the odds of finding a mentor are demonstrably low.
The effectiveness of these norms alone speaks volumes. It is clear there are real and serious consequences regarding the theft of comedic intellectual property. Sharing a comic’s jokes for laughs, while maybe not legally enforced, will certainly have career-ending ramifications.
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This article was edited by Naolin Crosthwaite-Gonzalez and Marielle Bianchi.
