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13 April 2007 / Lindy Golding , Penelope Thornton
Issue: 7268 / Categories: Features , Media , Intellectual property
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Whose format is it anyway?

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Are television rights protectable in the UK? Lindy Golding and Penelope Thornton report

Copyright does not protect general ideas but the expression of ideas (see Designers Guild Ltd v Russell Williams (Textiles) Ltd [2001] FSR 11, [2001] 1 All ER 700). However, in IPC Media Ltd v Highbury-SPL Publishing Ltd [2004] EWHC 2985 (Ch), [2004] All ER (D) 342 (Dec) Mr Justice Laddie recognised the difficulty in  defining the boundary between the taking of general ideas and concepts and copying in the copyright sense.

Copyright protection for television programmes hit the news in November 2005 with the high-profile case brought by Simon Fuller's 19 TV against FremantleMedia Ltd, Simco Ltd, Syco Ltd and Simon Cowell. It involved a dispute about the music talent shows Pop Idol and The X Factor. However, the case settled without any further judicial guidance.

Spotlight on privacy

The rise in the popularity of reality television programmes has turned the spotlight on format piracy. In April 2000 the Format Recognition and Protection Association (FRAPA) was

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MOVERS & SHAKERS

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NEWS
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NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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