Are jokes public domain?
What’s the proper protocol in terms of writing a joke into your script? I frequently hear jokes in movies that I’ve heard from friends before the movie came out. Is it public domain and it needs no clearance or should it still be researched just in case it has roots from a standup comic’s copyrighted routine?
–Anup
Stand-up comics write their material, and written material is subject to copyright. But at a certain point, some jokes circulate out in the popular culture enough that I would argue they’re essentially public domain. But then again, I’m not a jury, so don’t take my advice as gospel.
If you can’t find a source for a joke, and you’ve heard it enough times and enough different ways that you feel it’s graduated to cultural meme status, you can probably get away with putting it in your script. Then the only question becomes, if you’ve heard it so many times, is it still original enough to be worthy of your script? Nothing is less funny than a joke that’s been played out.







January 18th, 2005 at 2:55 pm
Chum fisherman get sued by patent office…video at 11.
January 18th, 2005 at 6:09 pm
I just stumbled into your site, and although I am a chicken when it comes to starting out on the writers journey–I’m trying to take the plunge, but just don’t know how to start…yeah, yeah, yeah, sound familiar?– I find it extremely heartening to know that there are people out there as benevolent as you. Taking the time to teach what you know, in such a selfless fashion, is extremely admirable and generous, not to mention enormously encouraging. I feel fortunate to have discovered this little gem you have created and hope to actually put it to good use. I am hoping to get started on a short screenplay for my acting class to produce. We have been developing our filmaking skills along w/ our acting skills and have just wrapped a short film, written by one of our own, which we are now submitting to festivals. Very exciting, but I want to write teh next one! Thank you again for your great site.
August 19th, 2005 at 8:41 pm
No, you are so so wrong!