The comedy industry exists in what has been coined intellectual
property's "negative space"-an area in which creation and
innovation seem to thrive without significant protection from formal
intellectual property laws. 6 Despite the amount of time and effort a
comedian may put into creating new and successful material, or the
benefits that the material provides to others, current laws struggle to
adequately protect a comedian's intellectual creations. 7 Conventional
intellectual property wisdom suggests that absent this formal legal
protection, creators may simply stop creating.8 Yet, that does not
occur within the comedy industry.9 Instead, comedians are forced to
take matters into their own hands and rely on community norms and
informal sanctions, including threats and violence, to prevent the
misappropriation of material. 10 Much has been written in recent years
about the existence of these extralegal norms within comedy, as well
as within other industries.'" Professors Dotan Oliar and Christopher
Sprigman's piece in particular has paved the way for discussions
about intellectual property norms and the comedy industry. 12 In
There's No Free Laugh (Anymore): The Emergence of Intellectual
Property Norms and the Transformation of Stand-Up Comedy, Oliar
and Sprigman outline three primary norms that have emerged within
the comedy industry because of the lack of effective protection
The comedy industry exists in what has been coined intellectualproperty's "negative space"-an area in which creation andinnovation seem to thrive without significant protection from formalintellectual property laws. 6 Despite the amount of time and effort acomedian may put into creating new and successful material, or thebenefits that the material provides to others, current laws struggle toadequately protect a comedian's intellectual creations. 7 Conventionalintellectual property wisdom suggests that absent this formal legalprotection, creators may simply stop creating.8 Yet, that does notoccur within the comedy industry.9 Instead, comedians are forced totake matters into their own hands and rely on community norms andinformal sanctions, including threats and violence, to prevent themisappropriation of material. 10 Much has been written in recent yearsabout the existence of these extralegal norms within comedy, as wellas within other industries.'" Professors Dotan Oliar and ChristopherSprigman's piece in particular has paved the way for discussionsabout intellectual property norms and the comedy industry. 12 InThere's No Free Laugh (Anymore): The Emergence of IntellectualProperty Norms and the Transformation of Stand-Up Comedy, Oliarand Sprigman outline three primary norms that have emerged withinthe comedy industry because of the lack of effective protection
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