Copyright Law

When It Comes to Infringement, 'A Joke's a Very Serious Thing'

, New York Law Journal


In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the recent decision in 'Kaseberg v. Conaco', wherein plaintiff claimed that five jokes he wrote and published on his blog or Twitter feed were infringed by jokes told by Conan O'Brien. In denying defendants' motion for summary judgment on three of the five jokes at issue, the judge considered arguments on copying versus independent creation, protected expression, and scope of protection. Serious issues indeed!

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