Green v Broadcasting Corporation of New Zealand [1989] 2 All ER 1056

• Claimant was presenter and author of highly successful UK television show called “Opportunity Knocks”. Show was a talent contest, and had several memorable catchphrases and gimmicks.

• Defendant broadcast a similar show with same name in New Zealand.

• Claimant argued that copyright subsisted in the dramatic format of the show, and therefore show was protected as a ‘dramatic work’.

Held

• No copyright subsists:

  1. Subject matter of copyright claimed for the ‘dramatic format’ is too uncertain.

  2. In addition the features alleged to constitute ‘dramatic format’ of show are not capable of performance

     • They are unrelated to each other except as accessories in presentation of some other dramatic or musical performance (e.g. a song or act)

• Thus appears from this case that no copyright can subsist in a TV format.