C 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. D broadcast a similar show with same name in New Zealand. C 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.