Hi, can anybody tell me if there are and legal rules to the material you perform in stand up comedy, particularly when referring to things like a commercial brand or product and also if you refer to a known person such as a celerity or politician.
To take it a bit further what if you had such material in your performance and it was being recorded for broadcast or sale of DVD etc, would there be laws against it then too?
Many thanks for your responses in advance.
We really only need one thread for this. Thanks.
Aaron, where would you see the best place to post this thread?
Right here. 
Quote: DG01 @ November 20 2010, 1:36 PM GMTHi, can anybody tell me if there are and legal rules to the material you perform in stand up comedy, particularly when referring to things like a commercial brand or product and also if you refer to a known person such as a celerity or politician.
To take it a bit further what if you had such material in your performance and it was being recorded for broadcast or sale of DVD etc, would there be laws against it then too?
Many thanks for your responses in advance.
Comedy is (almost) just like any other walk of life in that respect.
Whether on TV, on radio, on stage or in your local pub, you expose yourself to the possibility of legal action if you say (or imply) anything defamatory about any living person or any legal entity (i.e. a company).
It can be a complex legal issue but here are some of my worthless views on the basics, which you should ignore completely.
1) say Boris Johnson is a c**t and you're safe: say he's a thief and you're not.
2) say all priests are paedophiles and you're safe: say a particular priest is a paedophile and you're not.
3) say a particular person raped you and, if you're famous for making outrageous comedic claims, you're (probably) safe: if you're not famous for such claims, you're not.
Essentially, you should never state (or imply!) a 'fact' about anyone if it might tend to lower the esteem in which he/she is held. Adding the word 'allegedly' to a defamatory statement will get you a laugh on 'Have I Got News for You?' but it might prove little help to you in court.
There are various defences against a claim for libel or slander (notably, that you spoke the truth) but it can cost you dearly to prove your innocence - and your life can be destroyed if the case against you succeeds.
The best advice I can give you is this: unless you've got £100,000 to BURN, be very very careful what you say about people - and be even more careful what you write.
Quote: DG01 @ November 20 2010, 1:36 PM GMTHi, can anybody tell me if there are and legal rules to the material you perform in stand up comedy, particularly when referring to things like a commercial brand or product and also if you refer to a known person such as a celerity or politician.
To take it a bit further what if you had such material in your performance and it was being recorded for broadcast or sale of DVD etc, would there be laws against it then too?
Many thanks for your responses in advance.
Should you ever get to a stage where your material is recorded for a commercially released DVD the production companies involved will have a legal team to worry about this stuff for you.
Although the average stand DVD is 60 to 70 minutes, you usually record around 2 hours of material and it's edited down.
If they're worried about a particular joke being contentious it'll end on the cutting room floor. Most comics don't get final approval of their own DVDs.
As for what you say in a function room upstairs in the "dog and arse", bumcrack, nowhere, on the circuit, I've never heard of anyone being done for anything and I've worked with people who have said some pretty contentious things.
With regards to specific brand names one of the teasers put out for Chris Addison's DVD is actually about Amazon http://www.youtube.com/watch?v=zBPnUhyMihM so I'm guessing they didn't have any problems publishing that.
Previously Dave Gorman's "Googlewhack" adventure was released on DVD. Dave had to get permission to use the Google logo in the posters for the touring show, it said so on the posters.
Quote: Ian Fox @ November 20 2010, 8:29 PM GMTAs for what you say in a function room upstairs in the "dog and arse", bumcrack, nowhere, on the circuit, I've never heard of anyone being done for anything and I've worked with people who have said some pretty contentious things.
Yes, you're relatively safe at the 'Dog and Arse", because the audience is relatively tiny and the potential for damage to your target's reputation is therefore relatively tiny too.
But it can happen and, if it does, you'll wish you'd kept your gob shut.
The main thing is to be aware of what's actionable and what's not.
As they used to say in the AIDS adverts, don't die of ignorance.
Do you mean can or could happen?
If it has happend I'd like to read about that.
Quote: Ian Fox @ November 20 2010, 9:59 PM GMTDo you mean can or could happen?
If it has happened I'd like to read about that.
I mean it can happen and it could happen.
The chances are very slim in a small out-of-the-way venue (unless the target of your joke is a local person) but it's wise to be aware that the laws of the land apply as much in your local pub as they do on stage in a jam-packed O2 arena.
If you're aware of the risk and you plough ahead, that's one thing.
To plough ahead without being aware of the risk is another.
The important thing to remember is only to libel/slander the poor or the dead. Millionaires can afford to sue, but you can't get legal aid for libel. That's how people like Robert Maxwell got away with murder for years despite all the rumours about him, because he just threatened everyone with actions. Once he was dead he was crucified by the press.
Anything presented as opinion is fine. Anything presented as fact about a living person/current organisation/brand is potentially not. You are of course allowed to say what you like as long as you say your material is a work of fiction 'I'm only joking!' afterwards.
The important thing to remember is only to libel/slander the poor or the dead.
True, in most cases, libel and slander laws don't apply to the deceased.
So if the OP makes any defamatory jokes about the dead, he's laughing. Let's hope the audience are too.
Not directly related to stand-up but certainly relevant to Internet forums:
In 2008, Michael Keith-Smith sued Tracy Williams, a woman with whom he'd been debating the merits of military action in Iraq on a web forum.
She called him a number of names, starting with 'lard brain' and culminating in 'Nazi', 'racist bigot' and 'nonce'.
She was ordered by a high court judge to pay £10,000 in damages, as well as Mr Keith-Smith's £7,200 costs, and told never to repeat the allegations.
Tracy Williams got everything she deserved.
Calling someone a 'racist bigot' is one thing, but calling them a 'lard brain' is totally unacceptable.
Mr Keith-Smith also took action against another poster who suggested he was on a sex-offenders' register and that people should not let him near their children.
He accepted £30,000 in an out-of-court settlement.
As far as I know, however,no chicken has ever sued anyone for suggesting it once crossed a road.
The message is clear: stick to tried and tested material.
