20 July 2021
Recently, there is a lot of buzz on Twitter about an artist doing stand-up comedy at a television station using comedy material belonging to a comedian. Objections were also poured out on social media. After other comics also shared it, netizens were happy to enliven it with debates about the use of the joke material. Some netizens think that the artist should ask permission from the comedian who created the joke before using his comedy material. Others actually defend the artist because they think that the joke material is still a daily issue that can be brought up by anyone. So how does copyright regulate joke material? Can humorous material be copyrighted?
The answer to this is “it depends”. Some jokes can be protected by Copyright, but not all jokes can be protected by Copyright. Copyright is an exclusive right granted by the state to the creator and/or owner of the Copyright for his creation, Copyright arises automatically after the creation is expressed in real form. While creation is any copyrighted work in the fields of science, art, and literature that is produced on inspiration, ability, thought, imagination, dexterity, skill, or expertise that is expressed in a tangible form.
The main requirements for a work to be protected by copyright are originality and fixation. Originality requires that a work be made independently and have a minimum level of creativity. Whereas fixation requires a work to be permanent enough to be felt, reproduced, or communicated for a period longer than the temporary duration. The work must be embodied in a material object by or under the authority of the creator. This may include written text (e.g., books, scripts, or Tweets), recorded podcasts, DVDs, etc.
Although not all jokes can be protected by Copyright, as well as jokes that contain facts and are general. However, stand-up comedy material is made by comedians by investing a lot of time and thought so that the joke can become a series of funny stories that many people like. Thus, humorous material can become an object of Copyright protection as long as it fulfills these elements.
If it is related to the case mentioned above, should the artist ask permission from the comedian who created the comedy? As explained in previous articles, Exclusive Rights in Copyright are divided into Economic Rights and Moral Rights. Economic rights relate to the rights of the creator for all forms of commercialization of his creation, while moral rights relate to the right of the creator to include his name in the work.
The use of humorous material belonging to other people to be broadcast on television without permission from the creator and/or Copyright owner is included in the commercialization of Copyright, this can violate the Economic Rights of the creator, especially use without permission and without including the name of the author also violates Rights. Moral of the creator. Even though the joke is not registered with the Directorate General of Intellectual Property, given the declarative nature of the protection system, it is highly recommended to ask permission first before using other people’s joke material. This looks trivial, but really appreciate the creator and or copyright owner for the joke.
Don’t be shy about asking for permission, be embarrassed when we scavenge for benefits from other people’s creations without permission, and don’t hesitate to contact an Intellectual Property Consultant if you find your work is being used by other parties or need other Intellectual Property related consultations, our experienced consultants will be happy heart helps you.
