For those who don’t know, Carlos Mencia has become successful most recently with his Comedy Central show “Mind of Mencia” and Joe Rogan is the host of “Fear Factor” and former star of “News Radio.” Any comedian can tell you joke stealing is a very serious accusation. For most comedians, the writing and development of material is a much harder part of the comedic process than actually performing the material. That is why we get very upset when we hear a comedian may have skipped the hardest part of the creative process by stealing material that other comics have struggled to perfect, especially when the accused comedian is cashing in big with the stolen jokes.

At first you may want to pass off Rogan’s attack as just the type of thing that happens from time to time between people in the business who don’t care for each other or are jealous of each other’s success. However, Rogan makes an argument complete with video proof that is hard to dispute. Mencia is accused of stealing material from comedians like Rogan, Ari Shaffir, and George Lopez. Part of the video documentation against Mencia features Lopez on The Howard Stern Show accusing Mencia of using over 13 minutes of his material on an HBO One Night Stand Special, an offense that apparently resulted in a physical altercation between the two comedians. There don’t seem to be many people sympathizing with Mencia; virtually every comedian who has spoken out on the issue has confirmed their belief that Mencia is a notorious joke thief.

Why is it that joke thieving is so rampant in comedy and so hard to prove legally? Unlike artists in the music or film industries, comedians rarely copyright their material. We trust that once we’ve written and performed a piece of material, our fellow comics will honor the unspoken gentleman’s agreement of not stealing from other comics. A problem arises when famous comedians find themselves working with comedians who are on their way up. It becomes very tempting when the more successful comedian hears a good joke from a young unknown to then use it as his own with little or no repercussions. Some comedians try to rationalize their joke theft with the argument that many comedians often think alike, so it is inevitable that two comedians will stumble upon the same premise at some point. Admittedly, this is something that could possibly happen, but occurrences should be rare. When a comedian like Mencia is being accused by a number of different comedians who have video proof to back up those accusations, this is something that should be taken very seriously in the industry.

The truth is a lot of people are good performers. I know many people who can be hilarious by acting out a comedic script on stage. The hard part about being a comedian is the writing of jokes and routines; that is the step of the creative process that separates the talent from the wannabes. Stealing and performing other comics’ material is an act of desperation by someone who lacks talent, and while it is hard to prove legally or indisputably that a comedian has stolen material, it is something that will ultimately catch up with any comedian who does it. While fans of comedy may not notice that a joke or routine has been stolen, the brotherhood of comedians will always catch it. And most of us watch out for each other. Once a comic gets the reputation of a joke thief, it won’t take long for that person to become disrespected in the business. Sadly, this is what is now happening to Carlos Mencia. Comics who steal material from other comics are like athletes who take steroids; they are looking for a shortcut to excel in their field, but they often end up taking the walk of shame.

• "The Struggling Comic" appears exclusively in Lumino Magazine. Dustin White is a comedian/writer/actor living in Chicago. You can reach him through his Web site at www.dustinwhitecomedian.com.

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