In 2009, The Jay Leno Show used an amateur comedy video that it had found on YouTube without permission. Despite the fact that Leno did not ask permission, Brian Kamerer and Travis Irvine were initially happy that he had used the video on his show. All that changed when NBC decided to take the duos video down because of copyright infringement. Yes, you read that correctly. NBC, which could be accused of copyright infringement for not paying or asking to use a video, took down the original posting of a video it essentially stole from Kamerer and Irvine due to copyright infringement.

I am not saying Jay Leno should not have used the video. In fact, anything that gives more exposure to up-and-coming comedians is a good thing, especially since late night talk shows rarely feature stand up comedians nowadays. However, NBC had no right to use the video without asking permission or compensating Kamerer and Irvine and definitely went to far with taking the video down.

Kamerer and Irvine did not create the video for NBC. Before being featured on The Jay Leno Show, the video was getting views based on its own merits. Their video was getting views because it was funny, which is exactly the reason Jay Leno used the Kamerer and Irvine’s video on his show. As the original makers of the video, Kamerer and Irvine own the rights to the video until they sign them away to someone else. Considering they never signed over the rights to NBC, it is absurd that NBC now considers this video their property and that Kamerer and Irvine cannot access their content on the ground that it was stolen from NBC. NBC and Jay Leno are using their fame to take credit for content created by people who are less well known.

Let’s be honest, Jay Leno is actually funnier than the video he stole. That’s sad. Even though NBC and Leno were wrong for stealing it, Kamerer and Irvine should do the Internet a favor and refrain from making more videos.

The duo should just continue to go after NBC and Leno for not getting permission to use the video because if they produce more video like that one, they will quickly lose the favor of the fickle Internet.

Brian Kamerer wrote an open letter to Jay Leno and NBC, which can be read Splitsider.