TV Formats: The High-Stakes Game of Idea Protection

When it comes to TV format rights - remember this.

100% of infringement claims brought in the UK courts have lost.

Grim odds.

But why?

It's a key principle of copyright law that it does not protect ideas, only the expression of such ideas.

This applies to dramatic works.

But for a TV format to be protected as a dramatic work it must:

• contain a number of clearly identifiable features

• be connected and repeatedly applied to enable the show to be reproduced in recognisable form.

Sadly for content creators, this is a very high bar.

So what's the real lesson here?

Content creators must document as much as possible when coming up with new format ideas and concepts.

Bigger the paper trail = better the rights to commercially exploit and put pressure on copycats to cease and desist out of court.

In line with current consumer trends, more and more content creators are being commissioned by broadcasters to come up with new TV formats.

So if you're onto the next 'GoggleBox', here are some tips:

• Write it down
• Keep a format bible
  
• Keep it confidential
• Think about a unique name, and protect that name
• Include illustrations
• Make a pilot

Stack the odds in your favour.

(Words 233. Under a minute)