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Trevor M. Gates

This chapter considers whether U.S. copyright law should be more flexible in its application to modern comedic material. It explores difficulties comedians face in relying on copyright law to protect their rights in their works, how a U.S. court might currently handle a copyright infringement action between comedians involving modern comedic material, and potential solutions to help comedians enforce their rights in their works. This chapter concludes that, while there are ways U.S. copyright law could be more flexible in its application to the comedy industry to help comedians enforce their rights in their works, substantially altering existing copyright law to benefit the comedy industry is not the best solution.