A Simple Research on Format Rights A format in its broad sense, as the term prescribes, pertains to a blueprint or arrangement of ideas

primarily for a concrete presentation or a show, essentially coupled with its production and management. A very good example is Television Programs aired by a TV network, or a formatted TV shows for television entertainment. Formatted TV shows have long been a popular form of television entertainment, and the trend for formatted TV shows has seen a large expansion in recent years. Format television shows like the X-Factor, Pop Idol, Britains Got Talent, Im a CelebrityGet Me Out of Here!, Who Wants to be a Millionaire, Big Brother, The Weakest Link, The Apprentice, Fame Academy, Strictly Come Dancing, Dancing On Ice, Survivor, Shipwrecked have been significant commercial successes for their originators. The trend nowadays in the broadcasting industries is to allow a trade amongst production companies and television broadcasters, whereby the originators of a formatted TV show pitch their show format to a channel. If a formatted TV show is a success on one channel, it may then be licensed for broadcast on other channels internationally. A popular formatted TV show which starts out in one country may be re-broadcast or even re-made under licence for audiences throughout the World. Money is made from deals relating to the licensing of the so called format rights in such shows, in other words the intellectual property rights and knowhow of the originator. This is why popular shows like Big Brother, Idol, Got Talent, and the likes is being validly localized in different countries such as the Philippines. Hence, we have Pinoy Big Brother; Pinoy Idol and Pinoy Got Talent, respectively. Are these formats (TV formats) copyrightable? The answer is actually dependent on the national laws of the country. Copyright, in the strict sense of the term, is purely a statutory right. It is a new or independent right granted by the statute, and not simply a pre-existing right regulated by the statute. Being a statutory grant, the rights are only such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and by the persons, and on terms and conditions specified in the statute. And sadly, in the Philippine context, TV formats cannot be considered as among the explicit enumeration under Section 172.1 of the Intellectual Property Code of the Philippines. As aforesaid, being subject to copyright is an unsettled question with format rights; the extent of copyright protection, if it is deemed copyrightable, is another disturbed topic. To shed some light the Dutch Supreme Court in the Charlie Persons Castaway Production vs. Endemol and John De Mol Production Case said, "A format consists of a combination of unprotected elements... an infringement can only be involved if a similar selection of several of these elements have been copied in an identifiable way. If all the elements have been copied, there is no doubt that copyright infringement is involved. If only one (unprotected) element has been copied, the situation is also clear: in that case no infringement is involved" [Dispute ID: 1999-03-BR] In the Philippine landmark case of Joaquin, Jr vs. BJ Productions, Inc, wherein the main dispute was the alleged infringement of copyright of the dating show Rhoda and Me, which was aired in 1970s; by a another network with its own dating show Its A Date, aired in 1990s. Petitioners assert that the format of Rhoda and Me is a product of ingenuity and skill and is thus entitled to copyright protection. It is their position that the presentation of a point-by-point comparison of the formats of the two shows clearly demonstrates the nexus between the shows and hence establishes the existence of probable cause for copyright infringement. Such being the case, they did not have to produce the master tape. The Supreme Court held that The copyright does not extend to the general concept or format of its dating game show. Accordingly, by the very nature of the subject of petitioner BJPIs copyright, the investigating prosecutor should have the opportunity to compare the videotapes of the two shows.

Submitted by: Lee Realino F. Reyes Section 3E; San Beda College, Mendiola, Manila