New York - Among those on the proposed witness lists submitted in Viacom's $1 billion copyright infringement suit against Google's YouTube are comedians Jon Stewart and Stephen Colbert, whose respective shows air on Viacom's Comedy Central, CNET News.com reported.

Although Google is asking to depose the comedians, along with individuals including Viacom chairman Sumner Redstone and CEO Philippe Daubman, it's unclear whether they will be able to convince a judge their depositions are necessary.

Clips from "The Daily Show with Jon Stewart" and "The Colbert Report" were numerous and popular on YouTube before their removal when Viacom filed suit; if an agent of Viacom uploaded them, it could undermine the company's case.

Colbert has also used YouTube as a promotional vehicle, sponsoring a "green screen" contest last year on the site where users could edit together videos featuring Colbert.

"This could go to determining non-infringing uses," Mark Litvack, an intellectual property attorney for Manatt, Phelps & Phillips, told News.com.

"If Viacom used the clips for marketing or promotional purposes Google could argue that Colbert needs to be deposed."

Pre-trial motions in the case are expected to conclude in December, and a jury may not hear the case until early 2009, Litvack told News.com.

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