The protection of TV formats

The legal protection of formats for television shows is a relatively untested area of law. This has not, of course, stopped the licensing of formats from becoming big business. Hugely successful shows such as Who Wants to be a Millionaire, Big Brother, Deal or No Deal and Strictly Come Dancing have been licensed in numerous territories all over the world. In these circumstances, it is perhaps curious that there is no bespoke legal right in the UK protecting this type of work.

The series of articles below considers the different methods available for the legal protection of formats for television shows, including copyright and confidentiality agreements, through a review of the relevant case law.

The law of copyright is the most obvious starting point for protection of a format. The idea of a written document setting out the details of a format has the feel of a script or screenplay and therefore seems, instinctively, like something that should be protected in the same sort of way. But will it?

This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in the Entertainment Law Review, Ent. L.R. 2024, 35(1), 18-20,  and is reproduced by agreement with the publishers. For further details, please see the publishers’ website.

Part 1 of this series of articles looked at the use of copyright to protect television formats. Whilst that is a potentially useful avenue, there are other options. All will depend on the precise circumstances, but part 2 canvasses some of the potential arguments relating to confidentiality.

This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in the Entertainment Law Review, Ent. L.R. 2024, 35(2), 59-62, and is reproduced by agreement with the publishers. For further details, please see the publishers’ website.

This is the third instalment in a series of articles on the protection of television formats. The first two parts dealt with copyright and confidentiality. The third and final instalment in the series canvasses a few other potential means of protection.

This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in the Entertainment Law Review, Ent. L.R. 2024, 35(3), 103-106, and is reproduced by agreement with the publishers. For further details, please see the publishers’ website.