Why Can Gotham Use the Name Joker? The Legal and Creative Mystery

The Confusion Around Gotham and the Joker Name

If you’ve watched Gotham, you probably noticed something weird. The show clearly sets up Jerome and Jeremiah Valeska as versions of the Joker—crazy, theatrical, obsessed with chaos—but they never actually call them "Joker."

Wait… what? A Batman-related show that can’t say "Joker"? But then, in other Batman projects (like the Joker movie and The Dark Knight), the name is freely used.

So, what’s going on here? How can Gotham use everything but the name "Joker," and why did the show play this bizarre cat-and-mouse game with the character’s identity? Let’s break it down.

Warner Bros., DC, and the Joker Name Rights

1. The Joker Name is Owned by Warner Bros.

First, let’s get this straight: Warner Bros. owns the rights to the Joker character (along with the rest of Batman’s universe). So, in theory, any Warner Bros. production should be able to use the name, right?

Well… not so fast. There’s a catch.

2. The Movie vs. TV Licensing Issue

Even though Warner Bros. owns the Joker, there’s a split between movie and TV rights when it comes to how characters are used.

• The Batman movies (like The Dark Knight and Joker) are controlled by Warner Bros.’ film division.
• Gotham was a TV show on Fox (even though it was still a Warner Bros. production).

Here’s the likely problem: Warner Bros. may have restricted the full use of the Joker name for their films (which is why Joaquin Phoenix’s Joker movie could use it without issue).

Basically, Gotham was allowed to create a Joker-like character, but not to officially call him Joker, because Warner Bros. wanted to save that for the movies.

The Clever Workaround: Jerome & Jeremiah Valeska

1. Why Gotham Created "Almost-Joker" Characters

Since Gotham couldn't use the name "Joker," the writers had to be sneaky. Enter Jerome and Jeremiah Valeska—two characters who embody everything we associate with the Joker:

• Jerome: The maniacal, laughing, chaotic anarchist.
• Jeremiah: The cold, calculating, eerie mastermind.

Individually, they aren’t called "Joker," but together, they serve as two halves of the legend.

2. The Show’s Writers Confirmed the Restriction

Bruno Heller, Gotham’s showrunner, once confirmed that they were forbidden from using the name "Joker" or giving him the classic green hair and purple suit. That’s why Jerome’s look leans more into a horror-like clown aesthetic instead of the traditional comic-book Joker.

They played within the rules, but they made sure fans still felt like they were watching a Joker origin story.

But Wait… Why Can Other Shows Use "Joker"?

This is where things get even stranger. Other shows, like Batwoman and Titans, have referenced or even shown the Joker outright. So why did Gotham get the short end of the stick?

1. It’s All About Timing

When Gotham was airing (2014-2019), Warner Bros. was being extremely protective of its big-screen Joker plans (like Jared Leto’s Joker in Suicide Squad and later, Joaquin Phoenix’s Joker).

Now that those movies are done, TV shows like Batwoman have been given a little more freedom to reference the Joker openly.

2. Some Shows Get More Freedom Than Others

Shows that are directly produced by Warner Bros. for HBO Max or The CW seem to get more leeway (since they’re staying "in the family"). Gotham, on the other hand, was a Fox show—so Warner Bros. may have kept a tighter leash on it.

Final Verdict: Gotham Could Almost Use "Joker"—But Not Quite

So, why could Gotham use everything about the Joker except his name? Because Warner Bros. likely wanted to reserve the Joker branding for their films, forcing Gotham to get creative.

And honestly? They nailed it. Jerome and Jeremiah were fantastic versions of the character, even if they weren’t officially called "Joker."

Now, let’s be real—what do you think? Should Gotham have been allowed to use the name, or did the workaround make the show even more interesting? Let’s talk in the comments!