If you have a good idea for a new TV show, it is advisable not to discuss the format with others too soon. A number of recent lawsuits in the US prove yet again that it is still very difficult to sue an entertainment studio that supposedly ran away with an idea.

On December 28, 2010, a judge in California rejected a complaint against DreamWorks on the animated film "Flushed Away".

The case was brought by the producer of the film "Critter Island”, a story about talking cockroaches that live in the sewers of New York. “Flushed Away” is staged similarly, but in this film there are talking rats in the sewers of London. Therefore, the court ruled that both films are not sufficiently similar to establish copyright infringement.

Earlier in New York, a judge had to investigate a complaint of two ladies that discussed their idea for a new TV show about fashion with supermodel Heidi Klum’s agent. When two TV channels aired a show that seemed similar to their idea, the ladies sued the producers for stealing their format. It became apparent that it is sufficient for broadcasters to change or add a number of small details to the format, and get away with it. The court stated that the original pitch of the ladies was not sufficiently similar to the show that was aired.

In the Netherlands it is similarly difficult to enforce copyrights on TV formats.

Having a good idea is not enough. The copyright law requires the idea to be materialized in some kind of "visible” form. In other words, the idea must be developed as concretely as possible. A detailed description of the format could qualify for copyright protection, for instance when a third party starts using the same format. However, caselaw in the Netherlands shows that it is not easy to win such a copyright protection in cases where a format is not copied one-to-one.

Source:

The Hollywood Reporter