Comedian and talk show host Conan O'Brien is the new target of a federal lawsuit. The charge? Twitter Theft. While I understand how ridiculous this might seem to some of you, Twitter Theft can be quite serious.

The US Copyright Act ("Copyright Act") makes no direct reference to Twitter Theft, or for that matter, ownership of tweets. However, while it does not directly appear, the Copyright Act does indirectly address tweet ownership. Don't believe me? Keep reading.

The Copyright Act and Tweets

According to Section 201 of the Copyright Act, copyright ownership "vests initially in the author or authors of the work." In plain english, this means that whenever someone creates a work, the person that creates it automatically obtains a copyright for their creation. The term "work" is very broad, allowing for an infinite number of possibilities to fit this classification. The reason for this has to do with the inner foundations of the Copyright Act. Copyright law was created with the intent that creativity and innovation flourish. As such, almost anything is copyrightable. Including tweets.

Ownership of Social Media Posts and the Owner's Rights

Whenever a person creates a post on any social media site (whether it be Twitter, Facebook, Instagram, Pintrest, etc.), they are automatically given a copyright to that post. A copyright gives its owner the exclusive rights to reproduce, distribute, create adaptations, perform and display their work. If someone violates any of these exclusive rights, the copyright owner can bring a claim in federal court against the person he/she claims made the violation.

The Case Against Conan O'Brien

In this case, an individual named Robert Kaseberg is claiming that Conan O'Brien and his writing team both used and created variations of jokes he tweeted. Kaseberg's lawsuit is asking for a restraining order prohibiting the comedian from using his material. Additionally, Kaseberg is also asking the comedian pay him approximately $600,000 in damages and fees.

Kaseberg does have quite a road ahead of him in this lawsuit. For a federal court to find in his favor, Kaseberg would have to prove that the comedian intentionally copied his work. While this can be shown using direct evidence (such as testimony from someone who knew that the comedian directly stole Kaseberg's tweets), it is unlikely. More likely, Kaseberg will have to show that O'Brien had access to his tweets and they are substantially similar to the comedian's jokes. If Kaseberg is not able to show this, and the court finds that the either O'Brien independently came up with the jokes or that they are not substantially similar to his tweets, a court will likely dismiss the suit.

Because this lawsuit can easily go both ways, depending on the evidence presented, only time will tell what the outcome will be. Stay tuned.

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Julian is new to the blogging world but has started off with a bang. After graduating law school, Julian founded Music Regulation Inc., an information hub in the form of a blog relating to music law. Julian caters his blog to both entertainment attorneys and musicians by informing them of the legalities surrounding the music industry. Julian also works in the contract department of a major corporation and plans on starting his own law firm in the coming month to focus on business/corporate law, entertainment law, and intellectual property law. Julian can be reached through his Music Regulation Blog Site and by email at juliancordero88@gmail.com.

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Disclaimer: This blog post is not legal advice and is for informational purposes only. As always, you should always consult a licensed attorney when a matter of law is involved.