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                                                                                     PEOPLE & ARTS Wednesday 17 May 2017
                   Conan jokes may have killed, but he stands accused of theft


            BRIAN MELLEY                 was  given  as  Super  Bowl   one  intentionally  stole  a   punchline,  he  said.  Dis-  backstage  —  usually  ami-
             Associated Press            MVP  .  .  .  to  the  guy  who   joke  or  put  a  price  on  a   putes are generally settled   cably.
            LOS ANGELES (AP) — What                                                                                             Digital  time  stamps,  how-
            do  Caitlyn  Jenner,  Tom                                                                                           ever, may help the under-
            Brady and the Washington                                                                                            dog. The lawsuit compares
            Monument  have  in  com-                                                                                            Kaseberg’s  tweets  and
            mon?                                                                                                                blog  posts  with  the  timing
            They’re  all  subjects  of                                                                                          of  emails  from  O’Brien’s
            punchlines  Conan  O’Brien                                                                                          writers later the same days.
            is accused of ripping off —                                                                                         “The  problem  used  to  be
            and that’s no joke.                                                                                                 that  if  you’re  not  famous
            O’Brien lost an effort to toss                                                                                      and someone else was tell-
            out a federal copyright in-                                                                                         ing  your  joke,  they  would
            fringement  lawsuit  in  San                                                                                        think  you  ...  are  the  thief
            Diego  last  week,  poten-                                                                                          instead of the victim,” Oliar
            tially setting up a novel trial                                                                                     said.  “Famous  comedians
            over  comic  creativity  and                                                                                        could easily steal jokes with
            the value of laughter.                                                                                              impunity. Now technology
            Robert    Alexander   Kas-                                                                                          can  help  the  novice  co-
            eberg said he posted sev-                                                                                           median.”
            eral  jokes  online  that  the                                                                                      The lawsuit names O’Brien,
            late-night  comedian  re-                                                                                           his  production  company,
            peated  almost  verbatim                                                                                            Turner  Broadcasting  Sys-
            later  that  day  or  the  next                                                                                     tem, Time Warner Inc., and
            on  his  “Conan”  show  on        In this Feb. 12, 2016 file photo television host Conan O’Brien gestures to the audience   the  executive  producer
            TBS.“The  laughter  stopped      at Sanders Theatre on the campus of Harvard University in Cambridge.               and  head  writer  of  the
            in late 2014 and early 2015,                                                                  Associated Press      show.q
            at  least  for  a  spell,  when
            (Kaseberg)  began  to  no-   won  the  Super  Bowl  for
            tice  similarities  between   the  Patriots,”  O’Brien  said.
            his posts and several of the   “So Brady’s giving his truck
            jokes used in the late-night   to  Seahawks  coach  Pete
            television  show  Conan’s    Carroll.”
            monologues,”  U.S.  District   Another   gag   followed
            Judge  Janis  Sammartino     news  that  surveyors  had
            said in a ruling that allows   found   the   Washington
            the lawsuit to proceed.      Monument  was  10  inches
            Kaseberg  has  written  for   shorter.  Both  men  attribut-
            various  publications  and   ed it to cold weather and
            had more than 1,000 of his   “shrinkage.”
            jokes told by Jay Leno, an   Comedians have been ac-
            archrival of O’Brien.        cused  of  ripping  off  each
            The  judge  dismissed  al-   other’s material as long as
            legations  over  two  jokes   chickens have been cross-
            Kaseberg  claimed  were      ing the proverbial road.
            originals,  but  she  allowed   Milton  Berle,  dubbed  the
            the  lawsuit  to  go  forward   “Thief of Bad Gags,” even
            on three others, saying the   made  light  of  it,  saying  of
            law  provides  “thin  copy-  a  fellow  comic’s  routine,
            right protection” for those.  “I laughed so hard I nearly
            “This is a victory for come-  dropped my pencil.”
            dy writers, especially lesser   While accusations of thefts
            known writers,” Kaseberg’s   fly,  they  don’t  usually  end
            attorney  Jayson  Lorenzo    up  in  court,  said  Dotan
            said.  “Their  works  are  pro-  Oliar, a law professor at the
            tected, and you can’t use    University of Virginia.
            someone  else’s  material,   After  Joe  Rogan  accused
            no  matter  who  you  are,   Carlos  Mencia  of  plagia-
            without facing liability.”   rism  onstage  at  the  Com-
            One  of  Kaseberg’s  jokes   edy Store in Los Angeles in
            was  about  the  New  Eng-   a  confrontation  captured
            land  Patriots’  2015  Super   on video, Oliar and a col-
            Bowl  victory  that  followed   league  wondered  why
            what  was  widely  con-      such  accusations  didn’t
            sidered  one  of  the  worst   lead to litigation.
            coaching     decisions   in   They  found  that  comedy
            sports history by the Seattle   doesn’t  pay  well  —  un-
            Seahawks. O’Brien’s mono-    less  you’re  someone  like
            logue the next day includ-   O’Brien with deep pockets
            ed a very similar setup and   and  a  production  com-
            punchline.                   pany and network behind
            “Tom Brady said he wants     him that can also be sued.
            to  give  the  truck  that  he   It’s difficult to prove some-
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