Copyright Issues: When is it no longer a joke?

[CharleyH]

If you have any copyright question, feel free to post it here, but I have a specific one in mind at the moment:

Let's say that I have a website. If on my website I decide to post general jokes (jokes I have read on multiple websites or forums like Lit or heard in RL) or well-known and basic trivia or stats (also available on many a website or forum), do I need permission to post them on my website or can I just ... post them? Are jokes and trivia in the public domain?

 

[Pure]

well known jokes and facts cannot be copyrighted. that said, if you simply cut and paste from other sites, esp. commercial ones, i can see them objecting. this i distinguish from the material of some jokester--just like an author--who's posting say, funny stories, at his or her own site, and NOT granting permission to reproduce.


with well known stuff, re-word, and you're fine, IMO.

 

[Darkniciad]

It probably depends upon the material, and the originator ( and how successful your website is ). Even then, there's a good possibility that nobody is going to bother with it on a free website with a modest following.

If you're just posting random jokes from average joes on the internet, it probably doesn't even have an enforceable copyright -- possibly even nobody that cares. You may unwittingly have one that's from a copyrighted source such as a comedian and unattributed, though.

Reprinting bits from say, George Carlin's book "When Will Jesus Bring the Porkchops?" has a far better chance of bringing you some trouble. Same for typing up bits out of an HBO special.

Trivia is probably the same. A lot of it floating around could be unattributed from some trivia game, or a book, etc., in much the same way as jokes. A lot of this is probably too much in the public domain, though -- unless you reprint whole blocks of it word for word.

Stats probably depends on what type of stats they are. If it's stats from a survey, then it's probably copyrighted. If it's just the run-down of a baseball player's stats, then probably not. $$ from the latest summer movie -- probably not. Neilson ratings... not sure, but I'd almost bet that those are copyrighted.

Your best bet is to assume that it is and seek permission. In practical terms, the odds of someone coming after you absent a free viral website with a kazillion hits or a paysite are slim as hell.

If you have any copyright question, feel free to post it here, but I have a specific one in mind at the moment:

Let's say that I have a website. If on my website I decide to post general jokes (jokes I have read on multiple websites or forums like Lit or heard in RL) or well-known and basic trivia or stats (also available on many a website or forum), do I need permission to post them on my website or can I just ... post them? Are jokes and trivia in the public domain?

 

[sr71plt]

In all cases, you are not talking about anything with definite limits/rules, you are talking about risk and likelihood of being sued. I know of no instance of a joke "originator"--even if the originator could be located and had filed for formal copyright, which they must do if they are going to take it to court--having sued over use of a joke without permission. Beyond that, the Internet has pretty much made such suits moot. If someone went the suit route, they'd only do it for significant gain. How much gain could they get from singling you out for the first ever--or one of the first ever--lawsuit over this?

 

[Handley_Page]

If you have any copyright question, feel free to post it here, but I have a specific one in mind at the moment:

Let's say that I have a website. If on my website I decide to post general jokes (jokes I have read on multiple websites or forums like Lit or heard in RL) or well-known and basic trivia or stats (also available on many a website or forum), do I need permission to post them on my website or can I just ... post them? Are jokes and trivia in the public domain?

It is considered polite (if not actually vital), to quote the source of your material.
However,
If you want to quote someone's work (as opposed to jokes, etc.,) you need permission; provided that the quote is not part of a review.

 

[DG Hear]

If you have any copyright question, feel free to post it here, but I have a specific one in mind at the moment:

Let's say that I have a website. If on my website I decide to post general jokes (jokes I have read on multiple websites or forums like Lit or heard in RL) or well-known and basic trivia or stats (also available on many a website or forum), do I need permission to post them on my website or can I just ... post them? Are jokes and trivia in the public domain?

Difficult question, I've used jokes in a few of my stories. I've even wrote stories about jokes I've received. (The Test)

First, never take credit for the joke. Say you received it or whatever. If you know who orginated the joke, give credit.
If you can get permission , do so.

Then there is always reading the joke and then putting it in your own words making distinct changes. Hope this helps, it's how I do it.
DG

 

[CharleyH]

It is considered polite (if not actually vital), to quote the source of your material.
However, If you want to quote someone's work (as opposed to jokes, etc.,) you need permission; provided that the quote is not part of a review.

We are not discussing peoples work, Handley. We all know that there are intellectual property laws in place. My question is about general jokes and general facts. Are they copyrighted?