Can A Format Be Protected Under Copyright?

[BigBubbaBrown]

Posting this here is kind of a grey area since it has more to do with television than music, but I don't know of any other forums (other than the monthly subscription fee based sites) where anyone even remotely knows about copyright law and once this idea is fleshed out it will be music related.

 

I've been watching a lot of Hee Haw reruns and after a few days of posting cornball jokes to my facebook page and various online forums I've been considering doing a spritual successor of sorts on youtube. Legally there shouldn't be any issue as long as I don't mention the show in any way or directly rip off their sketches, but there's one area that's kind of confusing me.

 

I'd like to do something similar to Pickin' and Grinnin,' where they'd play part of Cripple Creek (I'd be using a different one, as I'm pretty sure Cripple Creek is public domain by now but it's so heavily associated with Hee Haw that I'd rather not risk getting into trouble with it), tell a joke, play another part, tell another joke, etc.

 

My question is, can that very format be protected under copyright? In other words, could whoever currently owns the rights to Hee Haw order youtube to take down the videos (or order them to have me take it down, having never had a disputed video I don't know how it works)?

[john]

An interesting question.

I should say that I am not an entertainments lawyer and my comments and observations are provided without prejudice as personal opinions that you can use or not entirely at your own risk.

As far as I know copyright doesn't strictly apply to formats as copyright relates to the expression of ideas, not the ideas themselves. What format developers like Freemantle deal in is buying and selling know-how.

Additionally format may not in itself be copyright-able, but items within the format are likely to be covered by intellectual property laws, such as brands, or for that any item that has been part of merchandising.

From what you say some elements you will be in clear blue water while others you are on the line and a little caution is needed. So, for example... Use your own name, logo and branding. Use your own catch phrases. Use new music, and your own styled title sequence etc.

As with most IP issues it comes down to "how long is a but of string?", legal similarity is a question only a jury can answer.

To be cautious, while using the essential format, change everything else.

just my two cents.

[john]

Hey David

Just for my own clarity here, I understand that a script can be copyrighted, as can any written work larger than a title. That covers skits etc.

But that is not the "format".

For example, the X Factor is a brand, that has used an evolving format over the years. The same goes for American Idol. In fact they are very, very similar. While the brand is protected, as is the merchandise, and each episode is covered by a performance copyright, any unscripted components would not be copyrighted. Ie a contestant during the heats says something in response to a question. That is not covered by copyright of itself. The recording of them saying that is however covered by copyright similar to the mechanical copyright that exists with the physical copy of a CD.

The format, however, is the concept of amateur contestants presenting themselves to a panel of judges to get through to the next round. Round two sees them whittled down to a final 12 acts who will perform live every week in round 3 for public votes until a winner is chosen. The format covers the mechanisms used for voting, for integrating with other TV shows and press and a whole bunch of other "know how". This is in itself not covered by copyright as it is a concept, only the elements that make up the format such as the brand would have their own IP protection or an instance of the format, a show, which would have the type of mechanical copyright I mentioned before.

Are catchphrases copyrightable?

Even in discussing it it is obvious it I a whole can of worms!

[john]

Hey David, I didn't think you disagreed, sorry if I gave that impression. I was just exploring it in a little more detail to clarify my own understanding and I thought there was a good chance you would know.

Am I right regarding scripted versus unscripted content? Episode recordings being covered by something similar to mechanical copyright, or is it also covered under sync rights?

Catch phrases being trademarked makes sense.

[BigBubbaBrown]

I think I'll have to drop that part, anyway. I have half of my dad's joke books here (which he used to write scripts as a ventriloquist) and read the other half when I go to my parents' house. I simply can't come up with anything to use for that. Even running it in my head using what I'm familiar with as a placeholder (Roy and Buck's rendition of Cripple Creek) I can't find any way to make the format work.

 

I should be in the clear on everything else. Hee Haw wasn't exactly all that original. It was just Laugh-In in a rural setting with musical guests and somewhat cleaner jokes. Saturday Night Live is basically Hee Haw with no defined setting, jokes that would make a lady of the night blush, more acting (as opposed to Hee Haw's format of people standing, sitting, or laying around telling jokes), and musical guests from genres other than country.

 

Mine will basically be Laugh-In/Hee Haw/Saturday Night Live in a small town setting (and the outskirts), animated (it's easier to get people to record their voices onto a computer than it is to find locations for filming and get everyone together), and I don't know about musical guests. I'd like to have them but I don't know of many musicians who would be willing to work pro bono.

 

As for the title and everything, I don't think that's an issue. "The Untitled Internet Variety Show" (originally a placeholder, if it does well enough to make more of them it will be the official title as sort of a joke, like regardless of the actual quality there wasn't even any effort made to give it a proper name) is about as far from "Hee Haw" as you can get. Shouldn't be a problem unless, unbeknownst to me, someone already used it (and a google search doesn't turn up anything on it). I'm not sure it will even have a title sequence. Works for TV shows but most people complain when internet videos use them.