Hastings Communications and Entertainment Law Journal Volume 42 Number 2 Summer 2020 Article 3 Summer 2020 This is No laughing Matter: How Should Comedians Be Able to Protect Their Jokes? Sarah Gamblin Follow this and additional works at: https://repository.uchastings.edu/hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Sarah Gamblin, This is No laughing Matter: How Should Comedians Be Able to Protect Their Jokes?, 42 HASTINGS COMM. & ENT. L.J. 141 (2020). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol42/iss2/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. 2 - GAMBLIN_CMT_V42-2 (DO NOT DELETE) 4/8/2020 11:18 AM This is No laughing Matter: How Should Comedians Be Able to Protect Their Jokes? by SARAH GAMBLIN1 The only honest art form is laughter, comedy. You can’t fake it . try to fake three laughs in an hour—ha ha ha ha ha—they’ll take you away, man. You can’t.2 – Lenny Bruce Abstract This note will discuss the current state of protection for jokes and comedy. As it is now, the only protection comics have is self-help, meaning comedians take punishing thefts into their own hands. This note will dive into the reasons why the current legislature and courts refuse to recognize jokes as copyrightable.