Joke thievery
Encyclopedia
Joke thievery is the act of performing and taking credit for comic material written by another person without their consent
Consent
Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration.- Types of consent :*Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and...

. This is a form of plagiarism
Plagiarism
Plagiarism is defined in dictionaries as the "wrongful appropriation," "close imitation," or "purloining and publication" of another author's "language, thoughts, ideas, or expressions," and the representation of them as one's own original work, but the notion remains problematic with nebulous...

 and sometimes can be copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...

.

A common term for joke thievery is "hacking
Hack (comedy)
Hack is a term used primarily in stand-up comedy, but also sketch comedy, improv comedy, and comedy writing to refer to a joke or premise for a joke that is considered obvious, has been frequently used by comedians in the past, and/or is blatantly copied from its original author...

", which is derived from the term, "Hack-neyed" (Meaning, "over used and thus cheapened, or trite").

History

From the Music hall
Music hall
Music Hall is a type of British theatrical entertainment which was popular between 1850 and 1960. The term can refer to:# A particular form of variety entertainment involving a mixture of popular song, comedy and speciality acts...

 and Vaudeville
Vaudeville
Vaudeville was a theatrical genre of variety entertainment in the United States and Canada from the early 1880s until the early 1930s. Each performance was made up of a series of separate, unrelated acts grouped together on a common bill...

 beginnings of stand-up comedy
Stand-up comedy
Stand-up comedy is a comedic art form. Usually, a comedian performs in front of a live audience, speaking directly to them. Their performances are sometimes filmed for later release via DVD, the internet, and television...

, joke thievery was common as there were few chances that a performer from one area would meet one from another and a single twenty-minute set could sustain a comic for a decade. Most jokes at the time were one-liners and there was little in the way of proof of a joke's origin, but the value of each joke was immeasurable to a comedian.
Milton Berle
Milton Berle
Milton Berlinger , better known as Milton Berle, was an American comedian and actor. As the manic host of NBC's Texaco Star Theater , in 1948 he was the first major star of U.S. television and as such became known as Uncle Miltie and Mr...

 and Bob Hope
Bob Hope
Bob Hope, KBE, KCSG, KSS was a British-born American comedian and actor who appeared in vaudeville, on Broadway, and in radio, television and movies. He was also noted for his work with the US Armed Forces and his numerous USO shows entertaining American military personnel...

 had a long-standing feud due to Hope's accusation that Milton Berle had stolen some of his jokes. Berle never refuted the claim, but instead embraced the title "The Thief of Bad Gag".

Even the most famous of comics have found themselves, knowingly, or unknowingly, stealing material. Bill Cosby
Bill Cosby
William Henry "Bill" Cosby, Jr. is an American comedian, actor, author, television producer, educator, musician and activist. A veteran stand-up performer, he got his start at various clubs, then landed a starring role in the 1960s action show, I Spy. He later starred in his own series, the...

 admitted to stealing a joke by George Carlin involving an uneducated football player doing a television commercial. Cosby said that what makes the routine his own is the surreal phrase “little tiny hairs.” Likewise, Carlos Mencia
Carlos Mencia
Carlos Mencia , born Ned Arnel Mencia, is a Honduran-born American comedian, writer, and actor. His style of comedy is often political and involves issues of race, culture, criminal justice, and social class...

, many years later performed a bit about athletes and their parents that hearkened back to a Cosby bit from his album, Bill Cosby: Himself
Bill Cosby: Himself
Bill Cosby: Himself is a 1983 stand-up comedy film featuring the comedic routines of Bill Cosby. Filmed before a live audience at the Hamilton Place Theatre, in Hamilton, Ontario, Cosby gives the audience his comedic views ranging from marriage to parenthood...

.

In the 1970s, joke theft became more prominent with the boom in popularity of comedy. The 1980s and 90s saw the popularity of stand-up comedy continue to increase. With the advent of pay-cable networks, comics were afforded the opportunity to perform their routines unfettered. With this came a new type of joke theft wherein the first comic to tell a stolen joke on some sort of media became the one associated with the joke.

Robin Williams
Robin Williams
Robin McLaurin Williams is an American actor and comedian. Rising to fame with his role as the alien Mork in the TV series Mork and Mindy, and later stand-up comedy work, Williams has performed in many feature films since 1980. He won the Academy Award for Best Supporting Actor for his performance...

 was accused of stealing material from another comic. David Brenner
David Brenner
David Brenner is an American standup comedian, actor, author, and filmmaker.-Career:Born and raised in poor areas of Philadelphia, Brenner found comedy a major source of relief from the daily trials and tribulations he faced in his youth. His neighborhood has been one of the top-ranked crime...

 claims that he confronted Williams personally and threatened him with bodily harm if he heard Williams utter another one of his jokes.

For many years, Denis Leary
Denis Leary
Denis Colin Leary is an Irish-American actor, comedian, writer and director. Leary is known for his biting, fast paced comedic style and chain smoking...

 had been friends with fellow comedian Bill Hicks
Bill Hicks
William Melvin "Bill" Hicks was an American stand-up comedian, social critic, satirist, and musician. His material largely consisted of general discussions about society, religion, politics, philosophy, and personal issues. Hicks' material was often controversial and steeped in dark comedy...

. However, when Hicks heard Leary's 1992 album No Cure For Cancer, he felt Leary had stolen his act and material. The friendship ended abruptly as a result. At least three stand-up comedians have gone on the record stating they believe Leary stole not just some of Hicks' material but his persona and attitude. As a result of this, it is claimed that after Hicks' death from pancreatic cancer
Pancreatic cancer
Pancreatic cancer refers to a malignant neoplasm of the pancreas. The most common type of pancreatic cancer, accounting for 95% of these tumors is adenocarcinoma, which arises within the exocrine component of the pancreas. A minority arises from the islet cells and is classified as a...

, an industry joke began to circulate about Leary's transformation and subsequent success (roughly; "Question: Why is Denis Leary a star while Bill Hicks is unknown? Answer: Because there's no cure for cancer").

Also in the nineties, began a nearly universal theft of an impression of Bill Cosby
Bill Cosby
William Henry "Bill" Cosby, Jr. is an American comedian, actor, author, television producer, educator, musician and activist. A veteran stand-up performer, he got his start at various clubs, then landed a starring role in the 1960s action show, I Spy. He later starred in his own series, the...

, the style of which was first unveiled by Eddie Murphy
Eddie Murphy
Edward Regan "Eddie" Murphy is an American stand-up comedian, actor, writer, singer, director, and musician....

 in his concert Raw
Eddie Murphy Raw
Eddie Murphy Raw is an American stand-up comedy film directed by Robert Townsend and starring Eddie Murphy. It was Murphy's second feature stand-up video, following Eddie Murphy Delirious...

.

More recent times have seen public rivalries between comics over the subject of joke theft. Louis CK has maintained a relatively quiet rivalry with Dane Cook
Dane Cook
Dane Jeffrey Cook is an American stand-up comedian and film actor. He has released five comedy albums: Harmful If Swallowed; Retaliation; Vicious Circle; Rough Around The Edges: Live From Madison Square Garden; and Isolated Incident. In 2006, Retaliation became the highest charting comedy album...

 over three bits on Cook's album, Retaliation, that allegedly bear some resemblance to three bits on CK's album Live in Houston.
Joe Rogan
Joe Rogan
Joseph James "Joe" Rogan is an American comedian, video blogger, actor, writer, podcaster, and martial artist. He is best known for his work on NewsRadio, his work as color commentator for the Ultimate Fighting Championship, and his hosting work on Fear Factor.-Acting:In 1994, Rogan co-starred on...

, by contrast has been very open in accusing Carlos Mencia
Carlos Mencia
Carlos Mencia , born Ned Arnel Mencia, is a Honduran-born American comedian, writer, and actor. His style of comedy is often political and involves issues of race, culture, criminal justice, and social class...

 of joke theft.

To a lesser extent, George Lopez
George Lopez
George Lopez is an American comedian, actor, and talk show host. He is mostly known for starring in his self-produced ABC sitcom George Lopez. His stand-up comedy examines race and ethnic relations, including the Mexican American culture...

 has also accused Mencia of plagiarizing his material. He also claimed he had a physical altercation with Mencia over the alleged plagiarism. Comedian Ted Sarnowski countered this claim, however, stating that he, himself, had actually written the joke and given Mencia permission to use it after Lopez had stolen it from him.

The Comedy Central
Comedy Central
Comedy Central is an American cable television and satellite television channel that carries comedy programming, both original and syndicated....

 show, South Park
South Park
South Park is an American animated television series created by Trey Parker and Matt Stone for the Comedy Central television network. Intended for mature audiences, the show has become famous for its crude language, surreal, satirical, and dark humor that lampoons a wide range of topics...

made light of Mencia's alleged joke theft in the 13th season episode, "Fishsticks" by portraying him claiming authorship of a joke written by the handicapped character Jimmy.

In 2010 Italian Comic and Satirist Daniele Luttazzi has been accused of having plagiarised many more jokes from comedians such as George Carlin
George Carlin
George Denis Patrick Carlin was an American stand-up comedian, social critic, actor and author, who won five Grammy Awards for his comedy albums....

, Mitch Hedberg
Mitch Hedberg
Mitchell Lee "Mitch" Hedberg was an American stand-up comedian known for his surreal humor and unconventional comedic delivery. His comedy typically featured short, sometimes one-line jokes, mixed with absurd elements and non sequiturs...

, Larry Miller
Larry Miller
Larry Miller is the name of:*Larry H. Miller , American businessman, owner of the Utah Jazz 1985–2009*Larry Miller , American comedian, actor and columnist...

, Eddie Izzard
Eddie Izzard
Edward John "Eddie" Izzard is a British stand-up comedian and actor. His comedy style takes the form of rambling, whimsical monologue and self-referential pantomime...

, Chris Rock
Chris Rock
Christopher Julius "Chris" Rock III is an American comedian, actor, screenwriter, television producer, film producer and director. He was voted in the US as the 5th greatest stand-up comedian of all time by Comedy Central...

, Bill Hicks
Bill Hicks
William Melvin "Bill" Hicks was an American stand-up comedian, social critic, satirist, and musician. His material largely consisted of general discussions about society, religion, politics, philosophy, and personal issues. Hicks' material was often controversial and steeped in dark comedy...

 and Robert Schimmel
Robert Schimmel
Robert George "Bob" Schimmel was an American stand-up comedian whose material was often X-rated and controversial. He was perhaps best known for his comedy albums and his appearances on HBO and The Howard Stern Show...

. He stated on his personal blog that he adds unoriginal material to his work as a "treasure hunt" for his fans, even though he previously declared that the material for his shows was original.
As June 2010, more than 500 jokes have been found copied from other comedians' shows.

In 2011, one of the contestants on the talent quest television program Australia's Got Talent
Australia's Got Talent
Australia's Got Talent is an Australian reality television talent show which premiered on 18 February 2007 on the Seven Network. The show was based on the Got Talent series format that originated in the United Kingdom with Simon Cowell...

was Jordan Paris, whose act was stand-up comedy. His act went well, the judges were impressed, and he made it through to the semi-finals. However, it was later revealed that he had plagiarised his jokes from comedians Lee Mack
Lee Mack
Lee Gordon McKillop is an English stand-up comedian and actor, known by the stage name Lee Mack. He is well known in the United Kingdom for writing and starring in the sitcom Not Going Out, for being a team captain on Would I Lie to You? and for hosting Lee Mack's All Star Cast.-Personal life:Mack...

 and Geoff Keith
Geoff Keith
Geoffrey Leyden Keith, born at Winchester, Hampshire on 19 November 1937 and died at Southampton on 26 December 1975, played first-class cricket for Somerset, Hampshire and Western Province.-Somerset cricketer:...

. The television network eventually decided to give him a chance to redeem himself and he was allowed to compete in the semi-final, provided he use his own material. Paris' effort this time was self-deprecating, joking about his plagiarism and his large teeth. The first joke went well, but the rest went downhill. It was later found out that the joke that went well - "I just sacked my two writers - Copy and Paste" - had been done in 2009 by comedian Jeffrey Ross
Jeffrey Ross
Jeff Ross is an American stand-up comedian, insult comic, actor, director and author.-Early life:...

, about Brad Garrett
Brad Garrett
Bradley "Brad" Garrett is an American actor, voice actor, stand-up comedian, and professional poker player. Throughout he has appeared in numerous television and film roles....

, at a roast of Joan Rivers
Joan Rivers
Joan Rivers is an American comedian, television personality and actress. She is known for her brash manner; her loud, raspy voice with a heavy New York accent; and her numerous cosmetic surgeries...

. Ross had said, "This guy has two writers, their names are Cut and Paste."

In other media

Joke theft is not limited to stand-up comedy. Often jokes in film and television shows are taken from comics or even other media.

Dick Cavett
Dick Cavett
Richard Alva "Dick" Cavett is a former American television talk show host known for his conversational style and in-depth discussion of issues...

 wrote about joke theft in his autobiography. He relayed a story about writing a bit about eating Chinese-German food and, an hour later, being hungry for power. After a few days of performing the bit, he discovered a review of Rip Taylor
Rip Taylor
Charles Elmer "Rip" Taylor, Jr. is an American actor and comedian.-Early life:Taylor was born in Washington, D.C., the son of Elizabeth, a waitress, and Charles Elmer Taylor, Sr., a musician. As a young man, Taylor served in the Korean War while in the U.S...

's show, where the joke was quoted verbatim. However, after calling Taylor to ask him to stop using the bit, he discovered that not only had Taylor never performed the bit, he had never even heard it and laughed hysterically at the joke's humor. It was then that Cavett discovered that some journalists often falsely attribute jokes to the wrong comics.

Cavett and Woody Allen
Woody Allen
Woody Allen is an American screenwriter, director, actor, comedian, jazz musician, author, and playwright. Allen's films draw heavily on literature, sexuality, philosophy, psychology, Jewish identity, and the history of cinema...

 often cited to each other the many instances of their jokes appearing in television shows without their permission, sometimes even falsely attributed to each other.

Allen's jokes were regularly stolen by the highly successful television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...

 show Laugh In. This proved extremely painful to Allen.
The experimental Pet Shop Boys
Pet Shop Boys
Pet Shop Boys are an English electronic dance music duo, consisting of Neil Tennant, who provides main vocals, keyboards and occasional guitar, and Chris Lowe on keyboards....

 film It Couldn't Happen Here
It Couldn't Happen Here
It Couldn't Happen Here is a 1988 musical film starring the British pop duo Pet Shop Boys and based around their music. It was originally conceived as an hour-long video based around their album Actually, but it turned into a surreal full-scale feature film directed by Jack Bond and co-starring...

and the promotional music video
Music video
A music video or song video is a short film integrating a song and imagery, produced for promotional or artistic purposes. Modern music videos are primarily made and used as a marketing device intended to promote the sale of music recordings...

 for their remake of the Elvis Presley
Elvis Presley
Elvis Aaron Presley was one of the most popular American singers of the 20th century. A cultural icon, he is widely known by the single name Elvis. He is often referred to as the "King of Rock and Roll" or simply "the King"....

 song "Always on My Mind
Always on My Mind
"Always on My Mind" is an American country music song by Johnny Christopher, Mark James and Wayne Carson, originally recorded by Brenda Lee in 1972.Allmusic lists over 300 recorded releases of the song in versions by dozens of performers...

" both featured a homicidal priest, played by Joss Ackland
Joss Ackland
Sidney Edmond Jocelyn Ackland CBE , known as Joss Ackland, is an English actor who has appeared in more than 130 films and numerous television roles.-Early life:...

, who performed several bits from Steven Wright
Steven Wright
Steven Alexander Wright is an American comedian, actor and writer. He is known for his distinctly lethargic voice and slow, deadpan delivery of ironic, philosophical and sometimes nonsensical jokes and one-liners with contrived situations.-Early life and career:Wright was born in Mount Auburn...

's first comedy album, "I Have a Pony
I Have a Pony
I Have a Pony is the debut comedy album by American stand-up comedian Steven Wright, released in 1985. It was recorded at Wolfgang's in San Francisco and Park West in Chicago...

".

In more recent times a bit performed by Sam Kinison
Sam Kinison
Samuel Burl "Sam" Kinison was an American stand-up comedian and actor. Kinison was known for his intense, harsh and politically incorrect genre humor...

 regarding Jesus' domestic issues after the resurrection later appeared in sketch form on the Comedy Central
Comedy Central
Comedy Central is an American cable television and satellite television channel that carries comedy programming, both original and syndicated....

 show Mind of Mencia
Mind of Mencia
Mind of Mencia is an American television comedy series on the cable channel Comedy Central. Hosted by Carlos Mencia, it aired from 2005 to 2008.- History :...

starring Carlos Mencia
Carlos Mencia
Carlos Mencia , born Ned Arnel Mencia, is a Honduran-born American comedian, writer, and actor. His style of comedy is often political and involves issues of race, culture, criminal justice, and social class...

.

Several episodes of The Simpsons
The Simpsons
The Simpsons is an American animated sitcom created by Matt Groening for the Fox Broadcasting Company. The series is a satirical parody of a middle class American lifestyle epitomized by its family of the same name, which consists of Homer, Marge, Bart, Lisa and Maggie...

, including "Missionary: Impossible
Missionary: Impossible
"Missionary: Impossible" is the fifteenth episode of the 11th season of The Simpsons, which originally aired February 20, 2000.-Plot:In an attempt to end a pledge drive which interrupts a favorite show of his on PBS , Homer pledges $10,000 to the network...

", "Treehouse of Horror XIII
Treehouse of Horror XIII
"Treehouse of Horror XIII" is the first episode of The Simpsons fourteenth season, as well as the thirteenth Halloween episode. The episode aired on November 3, 2002, three days after Halloween...

", and "The Italian Bob
The Italian Bob
"The Italian Bob" is the eighth episode of The Simpsons seventeenth season. It features Kelsey Grammer in his ninth appearance as Sideshow Bob and is the first time the Simpsons visit Italy.-Plot:...

" have poked fun at Family Guy, implying that MacFarlane's show is guilty of stealing jokes and premises from the Simpsons. However, the producers of both shows have said that there is no serious feud between the two of them and their shows.

Recourse and consequences

There is, historically, very little legal recourse
Legal recourse
A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty.* A lawsuit if the issue is a matter of civil law* Many contracts require mediation or arbitration before a dispute can go to court...

 taken in cases of joke theft. Some comics, however, have chosen to exact their own justice. W. C. Fields
W. C. Fields
William Claude Dukenfield , better known as W. C. Fields, was an American comedian, actor, juggler and writer...

 reportedly paid fifty dollars to have a thieving comic's legs broken.

"You have a better chance of stopping a serial killer than a serial thief in comedy," said comedian David Brenner
David Brenner
David Brenner is an American standup comedian, actor, author, and filmmaker.-Career:Born and raised in poor areas of Philadelphia, Brenner found comedy a major source of relief from the daily trials and tribulations he faced in his youth. His neighborhood has been one of the top-ranked crime...

. "If we could protect our jokes, I'd be a retired billionaire in Europe somewhere — and what I just said is original."
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