Comics' victory over joke-book plagiarist

The comics, led by Tonight Show host Jay Leno, had taken legal action against Judy Brown, who compiled their one-liners into 19 books with titles such as The Funny Pages, Squeaky Clean Comedy and Getting Old Is A Joke

They claimed she was breaching their copyright in using their gags; and although she credited each line to the correct comedian, that proved no defence. In fact, the comedians said this was tantamount to falsely proclaiming that they had endorsed her books.

Brown's publishers yesterday agreed to immediately cease the distribution, manufacture and sale of the books, and pay out an undisclosed financial settlement to the comedians, which they say will be donated to charity.

Brown also agreed to a monetary settlement, apologised for her actions, and pledged to never again copy any of the comedians’ jokes without express permission.

In a statement, she admitted: ‘In my books, I have published jokes of Jay Leno and the other comedians in this lawsuit without their permission. I sincerely apologise for doing so.

‘I greatly admire the creativity, wit and energy of stand-up comedians, and I recognise that comedy is as much an art form as other types of creative expression.

‘The best comedians may make comedy seem easy, but I know it takes talent, hard work and careful preparation to make people laugh. That is why I am settling this lawsuit by agreeing never again to publish their jokes without asking their permission to do so.’

Other comedians involved in the action included Rita Rudner, Kathleen Madigan and Jimmy Brogan as well as NBC Studios, which makes Leno’s Tonight Show. Any gag told on the programme is the studio's property.

Leno said: ‘I thought it was important to make it clear that jokes are protected like any other art form. On behalf of the tremendous and talented group of writers we have at The Tonight Show and many other hardworking comedians, I'm very glad we've been able to stop this practice once and for all.’

His lawyer, Theodore J. Boutrous Jr, added: ‘The settlement sends a strong message that the intellectual property rights of comedy writers must be respected.’

Published: 24 Jan 2008