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ARTICLE · 05 AUGUST 2015

Conan O'Brien Sued For Stealing Jokes

Conan O'Brien is the target of a civil lawsuit brought by a man who says the comedian stole his jokes.

United StatesIntellectual Property
Stites & Harbison PLLC
Stites & Harbison PLLC
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Conan O'Brien is the target of a civil lawsuit brought by a man who says the comedian stole his jokes.

Robert Kasberg claims that he posted jokes on his personal blog and through Twitter that then made their way into Conan's monolog in a nearly verbatim fashion.

One of the jokes:

"A Delta flight this week took off from Cleveland to New York with just two passengers. And they fought over control of the armrest the entire flight."

This one appeared in Conan's show the same day that Kasberg posted it.

Do intellectual property rights exist in jokes?  My first though is – are they "good" enough to warrant copyright protection under the minimal creativity standard established by the Supreme Court in the Feist case?  A single line such as, "Keep Connecticut Weird" generally falls short of copyright protection.  Other phrases, those that truly approach "literary", can be protected.

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