Did you watch The Colbert Show, on Comedy Central, starring Stephen Colbert? If not, a quick recap is that it was a tongue-in-cheek news show, with a comedian news reporter played by Stephen Colbert, whose character name was…Stephen Colbert. The fact that Stephen Colbert played a character with his own name is the issue at hand. But it only became an issue when he left Comedy Central for CBS, replacing now-retired Dave Letterman’s Late Night with David Letterman slot with Late Night with Stephen Colbert.

Dave Letterman’s show, Late Night with David Letterman, featured Dave Letterman as himself. It wasn’t an act - Dave Letterman was Dave Letterman, enough said. Conversely, Comedy Central argued that Stephen Colbert cannot be Stephen Colbert – at least the version that appeared on The Colbert Show. In doing so,  Comedy Central claimed ownership of the character Stephen Colbert as he appeared on The Colbert Show.

At first, Stephen Colbert acted as himself on CBS, but the trouble was ratings were low. According to TechDirt, the real Stephen Colbert wasn’t as enticing as the character Stephen Colbert, so Late Night with Stephen Colbert, started bringing on segments that were featured on Comedy Central. Bits such as, “Word of the Day,”  the Consumerist reported. (This prompted Colbert to cynically/comically suggest that Late Night with Stephen Colbert showcase him in a differently-spelled segment entitled, “Werd of the Day.”) Comedy Central argues that performing his same show segments on CBS violates their rights to the show as it appeared on Comedy Central. Like if Lucille Ball play Lucy of I Love Lucy for a different network, or Carol Burnett of The Carol Burnett Show, or Roseanne Barr of Roseanne. None of these actresses acted as themselves in the shows that featured their own name as the main character. If they had switched networks, would the shows be allowed to continue, without paying for rights to the original network?

Meanwhile, according to Colbert, his character Stephen Colbert, of The Colbert Show, is now banned by corporate lawyers. And true to his comedic style, Colbert’s way of dealing is that he’s now bringing on his “identical twin cousin,” who, incidentally is named…Stephen Colbert, reports RawStory. 

In all seriousness, the question of character ownership is an intellectual property issue. What do you think? Does Comedy Central have the rights to The Colbert Show’s character, Stephen Colbert?
Either way, stay tuned to CBS to see which Stephen Colbert appears on tonight’s  late show – it may or may not be who you think. And that gives CBS ratings it might not have expected.

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As the financial capital of the world, judgments from other jurisdictions are often obtained against New York residents. Once a money judgment is obtained, the next step is enforcing the judgment in New York. Creditors must commence an action in New York to enforce or domesticate the foreign judgment, whether the judgment is from a sister-state or a foreign country. Foreign and out-of-state judgments are often domesticated in New York state court in a streamlined procedure known as summary judgment in lieu of complaint under C.P.L.R. § 3213. Once domesticated, the creditor has access to a variety of enforcement options to recover on the judgment. 

There are a number of defenses to an action to domesticate a foreign judgment. For foreign country judgment, New York courts will not recognize the judgment if it was rendered under a system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law or if the foreign court did not have personal jurisdiction over the defendant.  N.Y. C.P.L.R. § 5304(a). Other defenses can be found in C.P.L.R. § 5304(b). 

Once the judgment is domesticated, a foreign money judgment is treated as if it were a New York judgment. Therefore, among other things, a judgment creditor with such a judgment can utilize New York’s post-judgment discovery and judgment enforcement procedures. In addition, the newly domesticated judgment begins to accrue interest at New York’s statutory 9% post-judgment interest rate from the date of domestication.

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