Thursday July 2nd 2009, by Piers Strickland
The phrase “TV format rights” is used as though it is a distinct and codified body of law in the UK. However, this issue is not as clear-cut as some would have you believe.
In fact, TV format rights have not yet been recognised by the English Courts. The English Courts did get the chance to have a look at this issue in the case of Hughie Green v NZ Broadcasting Corporation [1989] 2 All ER 1046. Hughie Green claimed format rights in the show Opportunity Knocks.  In this case the Court held that there was no “format right”, at least in the manner claimed by Green. This claimant perhaps fell down by not specifically detailing and expressing his rights in a way that would have been more likely be protected under the law of copyright.
Despite the lack of judicial recognition of format rights, as such, the television industry widely recognises and trades in format rights. However, this is not mere self-serving delusion and folly by the television industry. As the legal basis for protecting format rights becomes better known and understood (i.e.the various protective aspects of copyright and perhaps trade marks, design law etc), so format rights “owners” can be increasingly confident that if they had to enforce their rights in Court, they would be successful in doing so.
An excellent study into format rights has just been published by Bournemouth University, which has further details on this fascinating area: link.
