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Bulletins Story:
UK CONTINUES TO ENJOY SUCCESS IN THE GLOBAL TV FORMATS
MARKET
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Date: 10.08.2007
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Recent research shows that the UK is still enjoying pre-eminence
in the global format trade. In the comprehensive 2005 FRAPA/Screen
Digest report "The Global Trade in Television Formats" the sheer
volume of the trade in international formats was comprehensively
analysed. These were the key points of the market overview section
of the report:
- The global format market production was worth EURO 6.4 billion
between 2002 and 2004.
- The average spend per hour on format production is EURO
147,565.
- Game shows account for 50% of all formats broadcast
worldwide.
- The UK is the second biggest exporter of format concepts.
- Germany is the biggest importer of formats in Europe and the
biggest spender on format production.
The Screen Digest report showed that the UK is the most
important format originating country in the world. Between 2002 and
2004, 12,543 hours of original UK formats were broadcast in the
markets covered by the report (including the UK itself). This
represented 29% of all formats broadcast in these countries. Over
the last three years up to 2005, the number of original UK formats
grew by 18.9% (although this rate was lower than for the overall
format market which was 21.9%). After the UK, the Netherlands is
the second most important format originator, marginally ahead of
the USA which was the third most important originating country.
Recent statistics from FreemantleMedia show that the UK
continues to dominate the global entertainment formats business,
and in particular in the first quarter of 2007 it enjoyed a 40%
share of the global market with such shows as "Got Talent" and "How
to Look Good Naked".
The FreemantleMedia research also shows that the UK accounted
for 6 of the 15 global entertainment formats that were adopted in
at least two new territories in the first quarter. The
FreemantleMedia research also showed that in 2006 68 global TV
formats were adopted in these territories of which 29 have been
produced by the UK, with the US second with 9 and the Netherlands
third with 6.
Doubtless the FreemantleMedia Director of Finance, Ian Ousey,
was correct to comment that the UK was seen as a creative hub
because of its positive regulatory environment which allowed
producers to hold onto the rights for their shows, along with the
risks which British broadcasters are willing to take in
commissioning new formats.
However, there is also a growing body of international case law
which suggests that contrary to some indications in the 80s and 90s
that format rights were not capable of protection, recent cases in
jurisdictions such as Hungary, Turkey, Holland, Malta and Brazil
all suggest that original formats, whether scripted or not, will be
granted protection by the courts.
For a practical summary of the international law of television
formats and a comprehensive guide to how best to protect your
format, you can attend the International Format Lawyers Association
seminar at MIPCOM in Cannes on 8 October 2007 at the Palais des
Festivals. If you are not at MIPCOM this year please contact
stephanie.taylor@swanturton.com
for details of seminars to be held in London later this year.
Jonathan Coad
Film &
TV
See Also:
ENDEMOL WINS MALTESE BIG BROTHER CASE
VALUE OF TELEVISION FORMATS CONTINUES TO GROW DESPITE
LEGAL UNCERTAINTY
NO PASSING OFF PROTECTION FOR DESCRIPTIVE PROGRAMME
TITLE: A&E TELEVISION NETWORKS v CHANNEL 4
HUNGARIAN COURT CONFIRMS COPYRIGHT PROTECTION FOR RADIO
PROGRAMME FORMAT
FRENCH COURT GIVES PROTECTION TO TV FORMAT
AUSTRALIAN COURT REFUSES COPYRIGHT PROTECTION FOR DREAM
HOME TV FORMAT
DREAM HOME, THE BLOCK AND THE COMPLEX: FORMAT
DISPUTES IN AUSTRALIA
WIFE SWAP v TRADING SPOUSES: SCORES LEVEL AFTER
FIRST ROUND
DUTCH SUPREME COURT CONFIRMS FORMAT RIGHTS
DECISION: CASTAWAY v ENDEMOL
ENDEMOL WINS COPYRIGHT PROTECTION FOR BIG
BROTHER IN BRAZIL
THE REAL LESSONS CONCERNING FORMAT RIGHTS FROM THE
CELEBRITY/SURVIVOR PROCEEDINGS
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