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Copyright

Q: Intellectual property - game show ideas

I have come up with what I believe is an original idea for a radio quiz show. Producers who have had no hesitation in rejecting other proposals of mine outright have sounded unusually keen on my latest project. How do I ensure copyright over it?

A: There is no copyright in an idea as such. The idea must be embodied in some permanent form such as, for example, writing or sound recording, so the first thing you should do is to write down as full a description as possible of your idea, sign and date it, place a copyright symbol on it, and deposit it with a solicitor as evidence of the date of its creation. Even then, the material may not be protected by copyright if it does not have a sufficient degree of originality as a literary, dramatic, musical or artistic work, particularly bearing in mind that a quiz show format as such is not original, although there may be some detailed aspect of it which may be.

It is not necessary for a written work to have literary style or merit. It may be for the purpose of information and instruction only but there must still be a sufficient degree of substance and originality to it if it is to be protected by copyright. It has been held that the rules of a game are capable of copyright. However, the idea itself is not, so stealing the basic idea but applying a different description and different rules would not of itself be a breach of copyright.

The whole question of copyright in game shows is a matter of public controversy at present and there is a substantial lobby for the introduction of amending legislation. You should, consider obtaining a written confidentiality undertaking from producers before disclosing your idea to them, but from what you say, it may be that you have left it too l ate.

On the other hand, a reputable producer who accepts the originality of your idea is unlikely to dispute your claim to copyright on technical grounds, and in practice there are many instances where producers have been ready and willing to pay royalties to creators of game shows for the use of their ideas and material.

First published March 1995