Protecting copyright in television is no game

Understanding copyright is essential for protecting your ideas and building a strong case if someone copies your work. Copyright grants creators exclusive rights to reproduce, distribute and adapt their original works. This protection goes beyond the final product; it safeguards the unique features and concepts that form the foundation of creative work.

However, when it comes to TV formats, copyright law exists in a grey area. Courts worldwide have struggled to determine when a format or concept qualifies for protection. The growing number of legal disputes highlights how difficult it is to safeguard creative work in television formats.

M Night Shyamalan’s Servant was at the centre of a dispute after filmmaker Francesca Gregorini claimed it copied elements of her film The Truth About Emanuel. However, the court ruled similarities in tone and themes were not enough to establish infringement, highlighting the difficulty of protecting broad creative concepts.

Similarly, Rinkoff v. Baby Cow Productions demonstrated how a TV format must have consistent and distinctive features to qualify for protection. The court found the show’s structure too vague and inconsistent across episodes, making it difficult to argue it was a clearly defined format.

One significant ruling in Banner Universal Motion Pictures Ltd v. Endemol Shine Group Ltd confirmed that TV formats can be protected under copyright, but only if they meet strict criteria. A format must be clearly identifiable and have a structured framework consistently applied across episodes. This sets a high bar for creatives seeking legal rights over their concepts and formats.

Creators can safeguard TV formats by starting with detailed documentation. Since copyright protects the expression of ideas rather than the ideas themselves, outlining key elements - such as tasks, contestant roles, episode structure and unique mechanics - is crucial.

A lack of specificity can weaken a copyright claim. For example, in the case of BUMP, where the company argued its game show Minute Winner was infringed by another TV game, Minute to Win It, the format was deemed too vague for protection. Creators must ensure their format is consistently reproduced across all episodes and seasons, making it recognisable and distinct.

Beyond copyright, other legal protections can help. Trademarking show names, logos and branding can deter imitations, while confidentiality clauses and Non-Disclosure Agreements prevent leaks of early-stage concepts. These proactive steps are key to protecting creative work in an industry where originality is often contested.

If creatives feel their work has been copied, they must be able to prove it. Courts are often reluctant to find infringement unless the two works are strikingly similar, which can be a significant hurdle in TV format cases.

Building a strong claim requires compelling evidence of substantial similarity between their format and the alleged infringing work. Creators must also ensure their work falls into a legally protected category, such as literary or broadcasting and meets jurisdiction-specific requirements. Without clear and convincing evidence, proving infringement can be difficult.

Navigating copyright in the TV industry is complex, with UK courts setting a high bar for format protection. To strengthen their case, creators must meticulously document their work, ensuring it is distinct and consistently structured. In an industry driven by originality, proactive legal steps are essential to safeguard creative ideas and maintain control over intellectual property.

Euan Duncan is a Partner, MFMac. This article was co-written by Erin Thomson, Trainee Solicitor