Copyright protection of TV Formats in the UK: Banner Universal Motion Pictures Ltd v. Endemol Shine Group Ltd [2017] EWHC 2600 (Ch)
| Author | Tantuvardhn Sabharinathan |
| Position | University of Southampton |
| Pages | 30-34 |
S.S.L.R Copyright protection of TV Formats in the UK… Vol.8
30
Copyright protection of TV Formats in the UK:
Banner Universal Motion Pictures Ltd v. Endemol Shine Group Ltd
Tantuvardhn Sabharinathan
University of Southampton
Abstract
n its decision of 19th October 2017, the High Court of Justice, Chancery Division
(EWHC) held that under Copyright Designs and Patents Act 1988 (“CDPA”), a
creator of a TV format is entitled to obtain copyright protection by complying with
two minimum standards. The first standard being that there should be some
apparently identified features which, taken together, distinguish the show in question
from others of a similar type. Secondly, the distinguishing features should interlink
with each other in a coherent framework which allows the creator to reproduce the
show in a recognisable form repeatedly.
Legal Context
This interim application for ruling concerned the interpretation of the doctrine of
originality, subject matter categorisation and requirements of copyright protection of
TV formats in the UK under sections 1(1)(a) and 3(1) of the CDPA. Under the current
UK copyright law, a TV program is recognised as a dramatic work and guaranteed
copyright protection as a whole, which includes the TV format, the content and the
final output. The claimant contest that a TV format in its individual form should be
recognised as a work that can be guaranteed with copyright protection and the
defendants should be held liable for infringement of claimant’s copyright over the
format of the game show titled ‘Minute Winner’. The defendants do not contest the
first issue of guaranteeing copyright protection to TV formats, but strongly challenge
that the format presented by the claimants are not eligible for copyright protection and
that the defendants are not liable for copyright infringement of the impugned TV
format.
Facts
Endemol Shine Group Limited and Friday TV AB and NBC Universal Global Networks
UK Limited were charged with infringement of copyright, breach of confidence and
passing off of a TV game show format named ‘Minute Winner’. The format of the show
‘Minute Winner’ as described by the claimant is a television program in which people
are given one minute to win something.1 The program could take place in a studio or a
location like street, shopping mall and like many.2 The winner is rewarded with prizes
1 Banners Universal Motion Pictures ltd v. Endemol Shine Group Ltd and Friday TV AB and NBC
Universal Global Networks UK Ltd, [2017] EWH C 2600 (Ch), [7].
2 Ibid.
I
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