Clown Eggs

David Fagundes* & Aaron Perzanowski**

Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller derby skaters, tattoo artists, and other subcultures—have developed an elaborate informal scheme in lieu of state-created copyright or trademark law to regulate their creative production. Second, this Article explores a rarer phenomenon in the norms-based IP context: formalized registration related to norms-based ownership rules. It shows that the Register exists not only to support those rules, but it also serves a host of nonexclusion functions, including expressing members’ professionalism, conferring a sense of prestige, and creating a historical record. Finally, this Article shows how its analysis of the Clown Egg Register offers lessons for the study of registers in the context of tangible and intellectual property alike.

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© 2019 David Fagundes & Aaron Perzanowski. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the authors, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice.

*Professor of Law and Assistant Dean for Faculty Development, University of Houston Law Center.

**Professor of Law, Case Western Reserve University School of Law. The authors wish to thank Dan Burk, Peter Gerhart, James Grimmelmann, Laura Heymann, Michael Madison, Jessica L. Roberts, Betsy Rosenblatt, Chris Sprigman, and participants at the 2017 Works in Progress IP (WIPIP) Conference, the 2017 Intellectual Scholars Property Conference (IPSC), and the 2018 WIPIP Conference for helpful suggestions. We also benefitted from workshops at Wayne State University and the University of Tulsa. Robert Clark provided outstanding library assistance, and Emily Cunningham offered first-rate research assistance.