One shortfall of the community norms system is that it fails to
provide effective recourse against theft by noncomics, such as television
writers. Indeed, one of the comedians consulted for this Article had one
joke misappropriated by writers on two different shows.'2' She related
the tale with a sense of resignation. 22 The first time it happened, she saw
the joke in a commercial for a popular CBS sitcom. She knew the showrunner,
so she called him.'22 "Basically," she reported, "he said 'sorry."'
The second time, a family member heard the joke on Saturday Night
Live.' "Well," she remarked, "I did it on Letterman at least 15 years
ago."'25 Perhaps, then, it is no surprise that the television writer surveyed
for this project expressed active hostility towards the expansion of
copyright in jokes.'26
The norms established within