British Comedy Guide

How do I protect a TV idea?

As in, can I copyright an idea to ensure it isn't nicked by production companies?

Also, if a show gets commissioned in one country, can I copyright it in other countries so the concept isn't nicked?

I wouldn't have thought you could copyright an 'idea' at all.

No. Even if you do. what's to stop anyone from stealing it?

Can't copyright an idea

Quote: sootyj @ February 5 2012, 5:55 PM GMT

Can't copyright an idea

But you can have an idea to copyright.

I went to a talk recently given by Denise O'Donoghue (formerly of Hat Trick, now of ITV Studios) who confirmed that you can't copyright an idea. You own the copyright for any scripted elements that you've written, so if it's a sitcom you need to write a script. If it's a gameshow or something I don't think there's much you can do until it's actually been produced (and it can be difficult to deal with fake versions even then).

What's to stop someone in Belgium, for example, producing a show about four teenage schoolboys that totally rips off The Inbetweeners?

Why did the US not just make an Office-based sitcom instead of asking and paying Gervais?

They tied Gervais with it because he was in demand.

The only thing to stop them producing rip offs is that if the original creator/owner takes legal action and proves what has happened. A production company is unlikely to take this chance as it would possibly ruin their reputation and commercial revenue. Much easier to just buy the rights.

Interestingly, the German's did exactly that - making their own version of The Office and calling it Stromberg. After legal action the show now shows up with an 'Inspired by The Office' credit. I expect Gervais and Merchant see a cut from this.

I'd be interested to know what, exactly, you mean by 'idea'... does that mean you have finished scipt/scrips? or the characters and plots for each episode planned out but not written? or less than that?

Are you talking scripted comedy? If you'd written a script about, say, a binman working on the moon, and then a production company you'd sent it to made a sitcom about a binman on the moon, you're safe; you'd merely need to present the documented communication you'd had with them as proof to a court. The likelihood is that the production company would want you on board anyway.

If it's broader - a sketch show about students - then of course, you've not a leg to stand on.

Formats are a different story.

Are formats a different story? Hughie Green famously failed to prevent NZ doing a very similar show to Opportunity Knocks, despite them having a clapometer. Freemantle et al would love you to believe that formats are copywriteable, of course.

If you genuinely think someone has ripped off your idea and you have a paper trail, you might look into breach of confidence or contract (including implied contract) for an effective remedy.

The quick answer is that you can't. "Welcome to the humiliating world of professional writing!"

Professional? I think if you're a pro, you get a LOT more protection.

Quote: Bomsh @ February 8 2012, 5:45 PM GMT

Professional? I think if you're a pro, you get a LOT more protection.

It was a Simpsons quote.

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