Gag rule

23 Apr 2019 By Reynolds Holding

Heard the one about the writer who says talk-show host Conan O’Brien stole his schtick? It’s the latest case of creative types, from Radiohead to Oracle, refusing to share clever but derivative ideas. Excessive legal protections that stifle innovation are no laughing matter.

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A California federal judge ruled on April 16 that a writer suing comedian and late-night talk-show host Conan O’Brien for joke theft cannot call expert witnesses to testify about the similarities between his and O’Brien’s gags. Judge Janis Sammartino in San Diego said she failed to see the relevance of the offered testimony from comedienne Elayne Boosler and a mathematical scientist. The lawsuit also names as defendants Conaco, which produces O’Brien’s show; Turner Broadcasting System and Time Warner, which air the show; a writer for the show, and its producer. The case is scheduled for trial in May.

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