The labor theory originates from the writings of John Locke and
states that a person who labors upon resources that are not owned has
a natural property right to the "fruits of his or her efforts." 68 This
theory offers a strong incentive for protecting intellectual property; IP
generally exists because individuals exert labor on unowned
materials, such as facts and concepts, to develop them into a final
product. 69 Without the efforts of the individual, the creative work
likely would not exist, and thus the individual should be rewarded.7°
Within the comedy industry, many jokes are developed just that
way-from common materials such as well-known facts or
situations. 7 1 Comedians then take those materials and expend
significant time and effort perfecting unique jokes and routines. 72
Under the labor theory, this expense of time and effort is of the kind
that should be rewarded through the grant of exclusive rights. Without
that work, the final material likely would not exist.