This quotation from 18th century poet and satirist Charles Churchill1 (often misattributed to Winston) brings to mind the recent Southern District of California decision in Kaseberg v. Conaco, Case No. 15-cv-1637 JLS (DHB) (S.D. Cal. May 12, 2017), 2017 WL 1969300, wherein Robert Kaseberg claimed that five jokes he wrote and published on his blog or Twitter feed were infringed by jokes told by Conan O’Brien in his late-night monologues. Each of the jokes was based on a current news item and delivered in a standard format of set-up (factual premise from news) and delivery (punchline). In denying defendants’ motion for summary judgment on three of the five jokes at issue, U.S. District Court Judge Janis L. Sammartino considered arguments on copying (access and similarities) versus independent creation, protected expression (or not), and scope of protection (“thin” copyright or broader protection). Serious issues indeed!
The Jokes at Issue
Kaseberg Tom Brady joke: “Tom Brady said he wants to give his MVP truck to the man who won the game for the Patriots. So enjoy that truck, Pete Carroll.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
