John Katsilometes talks with Rita Rudner about her not-so-funny copyright case

Thursday, Jan. 11, 2007 | 7:05 a.m.

Rita Rudner describes her jokes as "verbal children," and says someone has kidnapped them.

The Harrah's headliner has joined friend and fellow veteran comic Jay Leno in a copyright infringement lawsuit against Judy Brown, a writer and comedy teacher who has edited 19 joke books over the past several years (she has culled material for such titles as "The Comedy Thesaurus," "Joke Stew," "Squeaky Clean Comedy" and "Mom - This Joke's for You").

The books are quite funny, and they should be - they pull material from the best comics in the business, including Leno and Rudner. The problem is, the plaintiffs claim Brown never sought or received permission from those who provided the content for her book, and Leno, "Tonight Show" writer and comic Jimmy Brogan and others have taken action. Rudner, who is quite protective of her material as it is the basis for a career rooted in laughter, also joined the suit when she realized that about 200 of her jokes have been retold in Brown's books. The complaint was filed in U.S. District Court in Los Angeles on Nov. 29.

"My Vegas act is how I make my money," Rudner said during a phone interview Wednesday afternoon. "I work very, very hard on my material, and this has been going on for years." (Rudner said any money she would win in the lawsuit would go to charity; Leno has also made that promise).

Rudner said she became aware about a year ago, while she was still headlining at New York-New York, that Brown reps might be plucking jokes from her act. "I was signing autographs after my show one night and a woman came up and said, 'I work for Judy Brown and I am so excited! You have so much new material!' "

NoteMart

It wasn't a "Seinfeld" reunion, but it seemed like one on Tuesday night at the Bellagio during the Canon-sponsored fundraiser for the National Center for Missing & Exploited Children. Patrick Warburton (who played Puddy) worked one end of the room and John O'Hurley (who played J. Peterman) worked the other. Warburton now stars with David Spade in "Rules of Engagement." O'Hurley is headed to Las Vegas to play King Arthur in "Spamalot Las Vegas," but is not yet talking for the record about the role (quickie trivia: Warburton and O'Hurley are both 6 foot 3).

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