Can a joke or short story be copyrighted?

• A. Yes, as long as it tells a unique story and follows copyright.
• B. No, jokes or short stories can never be copyrighted.
• C. Only if it is a parody.
• D. Only if it is published in a magazine.

Answer: (A)

Copyright protects original literary works fixed in a tangible form, which includes jokes and short stories. When you write a joke or a short story and fix it in a tangible medium—on paper, a computer file, a recording, etc.—it qualifies for copyright as long as the work is original. This protection attaches automatically at fixation, and you don’t need to publish or register it to have copyright, though registration can help with enforcement. So a joke or short story can be copyrighted if it expresses an original idea in a stable form. It doesn’t have to be published in a magazine, nor does it have to be a parody. Parodies can be protected as copyright as well, but copyright protection isn’t limited to parodies.