Legal Question in Intellectual Property in Pennsylvania
Using A Joke From An Unknow Author In Anothers Work
Hello.
I came across a joke (more specifically, a list of things and descriptions) on the Internet. I am unable to find the original author and I highly doubt they registered the joke with the U.S. Copyright Office. The joke is in a text-based form. I believe the "Fair Use" exception in the U.S. Copyright Act should suffice, since it will be (a) parody/satire. The joke is already posted on several web sites throughout the Internet in its text-based form. I was just wondering if it would be legal to: modify the joke's content (and adding my own), record it as voice audio, add background music, put it on a compact disk, and sell it (for a few dollars) on a compact disk with other original songs (created by myself, so I would own the copyright) on it? Also, are there any special laws about jokes in general that I might have to be aware of; or that can allow/exempt me to do what I stated above? Thank you very much for your help in this matter.
4 Answers from Attorneys
Re: Using A Joke From An Unknow Author In Anothers Work
What you propose sounds like it should work. The copyright you would obtain would be on your version of the joke, not on the joke itself. You would not be in a position to stop someone else from making their own version of the joke, provided they do not copy your version or derive their version from your version. I suspect quite a few copyrighted works start out this way. There is a risk that the original author would surface and successfully claim rights to the joke, but that is a pretty remote chance and thus one you may want to take. It is really difficult to prove original authorship of a joke, particularly after the fact.
Re: Using A Joke From An Unknow Author In Anothers Work
Assuming for the moment that the joke is not the property of anyone else and is thus in the public domain, you cannot do anything that would give you sole ownership of the joke itself. By adding new material and original music, you would only have copyright protection for those new/original elements.
Re: Using A Joke From An Unknow Author In Anothers Work
What's the joke? (Steer me to one of the websites.)
What changes would you make?
Reply privately to [email protected] if you please.
Re: Using A Joke From An Unknow Author In Anothers Work
What's the joke? (Steer me to one of the websites.)
What changes would you make?
Reply privately to [email protected] if you please.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
