How to copyright (patent?) a variety TV show format?

[oklaw]

Hi everyone,

Does anybody know whether it is possible, and if so, how, to get a patent for a variety TV show format/idea? (IPOS?)
I notice that shows like American Idol, Wheel of Fortune, are licensed to FreemantleMedia. So I guess, it is possible?

Any pointers are welcome.

 

[tengo]

I don't think you can do that. If not, there won't be so many spin-offs of variety shows. If you notice, Singapore variety shows are often spin offs from popular Japanese or Taiwanese shows.

What you can do is to be the first one and capitalise on that.

I believe "American Idol" copyrighted their idea by focusing on the show name and logo trademark.

 

[oklaw]

I don't think you can do that. If not, there won't be so many spin-offs of variety shows. If you notice, Singapore variety shows are often spin offs from popular Japanese or Taiwanese shows.

What you can do is to be the first one and capitalise on that.

I believe "American Idol" copyrighted their idea by focusing on the show name and logo trademark.

Hi tengo,

Thank you for replying.

When you said 'spin-offs', I think that's not really a 'spin-off' per se but rather an attempt by MediaCorp to evade getting sued by the original show's owners should MediaCorp be found to copy the exact format.

Also, if copyrighting is not possible, then wouldn't it be possible for MediaCorp to simply copy American Idol's format but just change the name to something else?

I have googled about this but have not yet found conclusive evidence whether it is or it is not possible.

Keep the feedback coming in the meantime. Any lawyers around here?

 

[kandinsky]

Does anybody know whether it is possible, and if so, how, to get a patent for a variety TV show format/idea? (IPOS?)
I notice that shows like American Idol, Wheel of Fortune, are licensed to FreemantleMedia. So I guess, it is possible?

The IPOS site looks pretty clear on this:

What is Not Protected by Copyright?

Subject matter not protected by copyright include:

ideas or concepts (e.g. a new business idea or a concept for a new game show);
discoveries (e.g. a research finding that has not been known before);
procedures (e.g. the steps involved when applying for a travel visa);
methods (e.g. the unique solution to a mathematical problem);
works or other subject matter that have not been made in a tangible form in a recording or writing (e.g. a speech or a dance that has not been written or recorded);
subject matter which is not of original authorship (e.g. works which contain information in the public domain).

About Copyright

TV format - Wikipedia, the free encyclopedia

While TV formats are a form of intellectual property (IP) which are regularly bought and sold by TV producers, distribution company and broadcasters, they are very hard to protect in law. As a result, copy-cat formats are sometimes created, which seek to duplicate the success of an original format without paying the rights-holder of the original format.
Television formats such as The X-Factor or Britain's Got Talent are extremely popular[citation needed] with audiences. Over the last decade, the UK has emerged as the world's major format developer, accounting for between 20-50% of all format hours broadcast annually worldwide. Also, Who Wants To Be a Millionaire was recreated in 108 territories while local versions of Idols have aired (over 129 series) in 42 territories receiving about three [[billion] votes, most notable being American Idol.

Yet, there is no such thing as a television format right under copyright law. Any television producer is free to develop game, reality and talent shows that are based on similar ideas. "If no such rights exist, then the commercial rate for the format, at least from a legal point of view, is zero."

It looks like it would be technically possible to simply copy the format and get away with it as long as you make enough tweaks to ensure you don't use any of the registered trademarks. However, sometimes it may make better business sense to license an already well-known brand/format.

These two articles explore why:
TV Formats Rights: Why pay when you can copy for free? - The Business School - Bournemouth University
Bournemouth University | Exploitation of Television Formats | Legal Protection

From the second article: "International media trade fairs have established elaborate protocols of format trading but the legal issues remain hotly contested." So, I doubt you'll find the 'conclusive evidence' you seek.

 

[kandinsky]

Also, if copyrighting is not possible, then wouldn't it be possible for MediaCorp to simply copy American Idol's format but just change the name to something else?

They probably could, but if you think about it, there are many reasons why it's not a good idea to do something even if you can get away with it.
- That might tarnish their reputation internationally. Imagine getting known as being the broadcast company that copies ideas.
- As a content provider, it's also in their best interests to maintain good relationships with other content providers.
- Maybe singaporeans won't be interested to watch a 'cheong' AI knowing that it's 'cheong' version.
- The effort to hire and put together a team to design a high-level show from scratch, maybe that costs more in the long run? Plus, you're not sure if it will be successful as it doesn't have that brand name you can count on.

 

[oklaw]

Thanks for replying, kandinsky. This is a weird industry.

I remember Simon Cowell being sued by Simon Fuller (American Idol creator) because of his X-Factor show. Cowell gave in by giving up some shares to Fuller.