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Golding, Lindy --- "Opportunity knocks for dramatic copyright in television formats" [2017] ELECD 308; in Richardson, Megan; Ricketson, Sam (eds), "Research Handbook on Intellectual Property in Media and Entertainment" (Edward Elgar Publishing, 2017) 367

Book Title: Research Handbook on Intellectual Property in Media and Entertainment

Editor(s): Richardson, Megan; Ricketson, Sam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710781

Section: Chapter 14

Section Title: Opportunity knocks for dramatic copyright in television formats

Author(s): Golding, Lindy

Number of pages: 33

Abstract/Description:

After Hughie Green failed in his bid to prevent the broadcast of a programme similar to his own UK television programme, Opportunity Knocks, on the basis of copyright in the scripts and dramatic format, many concluded that there was no copyright in a format. Yet despite the uncertainty around copyright protection, the international trade in the sale or licensing of formats continues to thrive. In part, this activity has been driven by an increasingly deregulated television market with broadcasters looking for proven content. Format-based television is typically cheaper to make than original programming, often has a successful track record in other territories in terms of advertising and ratings, and brings with it the potential for associated merchandising and other brand extension opportunities. Unlike high-end drama programming, formats are resistant to piracy and series-stacking making them attractive to advertisers. Format development and production is a truly global business with opportunities to sell the originating territory version of the format as well as the locally-made version. According to Jean K Chalaby, any moderately successful television format today is expected to sell in the USA, Australia, the ‘Big Five’ European markets (Italy, Spain, France, Germany and the UK) Benelux and across Scandinavia. The best performers would expect to sell into 30 countries and cover all world regions. In the years since the Privy Council denied Hughie Green’s appeal from the New Zealand Court of Appeal, there have been few cases in the UK illuminating the position and no fully argued cases directly on point.