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Bulletins Story:
DREAM HOME, THE BLOCK AND THE COMPLEX: FORMAT DISPUTES IN
AUSTRALIA
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Date:
28 July 2005
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The trade in television formats has since its inception over 50
years ago been an international one. The courts worldwide are
increasingly facing the same issue, which is whether the concepts
from which programmes - particularly in the reality genre - are
made should be permitted the monopoly of copyright protection. A
dispute currently being played out in the Australian courts
typifies that dilemma.
First there was the programme Dream Home created by Ninox
Television. Then there was The Block for which Nine Films and
Television was responsible along with Nine Network Australia. Then
there was The Complex which showed in America by means of a licence
granted by the creators of The Block.
Nine Network produces and purchases television programmes and
supplies them to Nine Films which in turn exploits them by the
granting of licences. Ninox makes television programmes in New
Zealand for broadcasting there and for sale overseas.
In this case, which was heard in Australia last month, Ninox
asserts that it and TV New Zealand own copyright in the Dream Home
format, and that by producing and screening The Block, Nine Network
and Nine Films infringe that copyright.
Nine in turn claims that the very threat against it of the
copyright action by Ninox is actionable under Australian law, and
that Ninox's allegations of breach of copyright constituted
misleading or deceptive conduct actionable under the relevant
Australian statute.
This dispute arose when, after taking a licence in Dream Home
and producing one series, Nine then began production of what they
claimed was their series, The Block. Ninox claimed to be the owner
of the copyright and the format rights to Dream Home, and claimed
that this copyright was infringed by Nine's production and
distribution of The Block.
Ninox had originally initiated proceedings in the USA against
Nine's US licensees of The Block. The defendants in that action are
Fox Entertainment Group, Freemantle Media North America and Fox
Television. The US proceedings have been stayed pending the outcome
of the Australian proceedings.
On 7 June the Federal Court of Australia handed down judgment in
an application for security for costs made by Nine against Ninox,
which application was granted to the tune of $100,000. We now await
the outcome of the trial.
Programmes such as those in dispute in Australia are now earning
for their creators millions of dollars in licence fees worldwide.
But this lucrative trade lacks the security of the protection which
would be afforded if they were accorded the status of copyright
works. So the stage is set for what will hopefully be an
authoritative determination by the Australian courts of the extent
to which that country will protect rights in reality television
formats of this sort.
For more information concerning the state of the law
internationally on television formats, visit www.ifla.tv.com,
the website of the International Format Lawyers Association.
Jonathan
Coad
257
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