Legal Question in Intellectual Property in California

Hello,

I have collected jokes that various people have emailed to me over the internet. I have no idea where the jokes came from or who wrote them originally. Am I legally allowed to publish these jokes in a book for profit?

Thank you


Asked on 6/30/10, 4:55 pm

1 Answer from Attorneys

Jim Betinol Withrow and Betinol Law

Generally, jokes are copyrightable materials and therefore you need permission from the author of the material (joke) or you are likely opening yourself to a possible copyright infringement lawsuit. In order to publish these jokes you should source out who wrote these jokes and have them sign an agreement allowing you to publish the jokes. One important clause in this agreement should be an indemnity clause, indemnifying you from any liability should the case maybe that they did know own the jokes that they are licensing to you.

You should consult an intellectual property attorney before proceeding. Most intellectual property attorney can be hired to assist you in rights clearances, which is the term for sourcing out the authors and in obtaining licenses.

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 7/05/10, 8:24 pm


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