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UC Law SF Communications and Entertainment Journal

Authors

Gayle Herman

Abstract

In an examination of the copyrightability of jokes, this note explores the limitations of the existing case law in preventing the pirating of the material of joke writers and analyzes how the unique features of a joke inhibit protection under the 1976 Copyright Act. The note concludes with suggestions for affording the joke-writing industry more protection, including changes in the judicial interpretation of the copyright law and regulatory licensing by the profession itself.

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