In the fast-paced world of entertainment, formats are valuable intellectual property assets. From reality competitions like 'The Masked Singer' to game shows like 'Who Wants to Be a Millionaire' and huge franchises like 'Call of Duty', formats represent substantial commercial opportunities – including through international licensing, spin-offs/adaptations and merchandising – but only where creators are able to exercise control over their format, in particular through their underlying IP rights. This article considers the legal position of formats in the UK.
What is a format?
A format is essentially a concept or idea for a television programme, computer game or other entertainment property presented in a particular way, often including characteristic features such as music, branding, sets, catch-lines or a specific setting that are repeated across episodes. Formats can be categorised as non-scripted (game shows, reality TV) or scripted (drama series), with shows like 'Love Island', 'Big Brother', and 'The Office' representing examples that have been successfully adapted for international markets.
Why does IP protection matter?
TV formats can be extremely lucrative, inspiring local adaptations around the globe. If the law finds your format is too vague, however, third parties can pick out (and profit from) the central concept through look-a-like formats. Disputes over formats are relatively common, and often hard fought, but very few get to court, reflecting the legal uncertainty over the ability to protect a format and the high commercial stakes involved in obtaining a court decision as to whether or not a format is protectable. The early 2000s Pop Idol vs The X Factor dispute, for instance, settled at the doors of the court, reportedly on the basis that Simon Fuller (Pop Idol) received a stake in The X Factor (Simon Cowell) and that Cowell stayed on as a judge on Pop Idol, with Fuller later filing a US lawsuit over alleged breaches of the settlement agreement. Indeed, there are similar examples of such disputes across TV history – from Wife Swap vs Trading Spouses (with claims that Trading Spouses in the US was a 'blatant and wholesale copycat' of the British show) to Takeshi's Castle vs Wipeout (it being alleged that Wipeout replicated the obstacle course format and some specific challenges). Neither case came to trial.
When people try to replicate a show’s essential 'feel' without copying specific, protectable elements, it can be difficult to enforce any IP rights. But once you’ve elaborated a show concept in detail - think recurring games, rules, design themes, sets, plots and so on - you’ve essentially created a product that can be protected. You can sell or license those recognisable traits wrapped up as a 'format' nationally and internationally, collecting ongoing substantial revenue. And if someone copies the elements of your format in a way that’s legally impermissible, you can argue infringement. The key is understanding the thresholds you need to meet to obtain protection in the territories in which you operate (or might want to license in the future).
The UK perspective: high bar, heavy scrutiny
In the UK, there is no specific format right that automatically protects TV formats. Instead, format owners must rely on a patchwork of different intellectual property rights to safeguard their creative and commercial interests. This approach has been confirmed through various court cases, most notably in recent 2025 judgments that have helped clarify when and how TV formats can receive protection.
The general position is that the protection of pure ideas or concepts is very difficult. The key is specificity - if your competition format, reality concept, or game show is spelled out in enough detail to be demonstrably original and re-creatable, then there’s a reasonable chance at obtaining legal protection. You can also try and create your own protection contractually.
Copyright protection
Copyright represents the primary avenue for protecting TV formats in the UK, though with significant limitations. For copyright to subsist in a TV format, it must meet specific criteria:
Dramatic Work Classification: in the case of Banner Universal Motion Pictures Ltd v Endemol Shine Group Ltd (2017), the High Court confirmed that TV formats can potentially be protected as dramatic works under the Copyright, Designs and Patents Act 1988 (CDPA). However, this protection is only available if the format contains:
- clearly identified features that distinguish the show from others of a similar type
- a coherent framework connecting these features that can be repeatedly applied to reproduce the show in a recognisable form.
The recent case of Joshua Rinkoff v Baby Cow Productions Ltd (2025) reinforced the high bar for format protection, with the court finding that the comedy show 'Shambles' lacked sufficient specificity and coherent framework to qualify for copyright protection as a dramatic work.
Notably, while the courts have confirmed the hypothetical availability of copyright protection for TV formats as dramatic works on multiple occasions, they have yet to rule that such protection is available in an actual case (though perhaps the clearcut cases are simply not litigated!).
Individual elements protection: while the overall format may be difficult to protect, individual components may qualify for copyright protection in their own right:
- names and catchphrases as literary works
- characters as literary works
- user interfaces as artistic works
- scripts and written treatments as literary or dramatic works
- theme music as musical works
- graphics, logos, and set designs as artistic works.
The 2022 case of Shazam Productions Ltd v Only Fools the Dining Experience Ltd provided further nuance, finding that while the 'highly distinctive and original' fictional character of Del Boy from 'Only Fools and Horses' was protected as a literary work, and individual episode scripts were dramatic works, the body of scripts did not collectively establish an independent work comprising the characters, stories, and 'imaginary world'. This patchwork of copyrights was ultimately sufficient to stop an 'Only Fools' themed dining experience. This is the first time any English court has found a character qualifies for copyright protection - although that follows the approach of the US and German courts.
Trade mark protection
Trade marks offer another layer of protection for formats. Production companies can register the names, logos and catchphrases associated with their formats as trade marks. For example, Love Productions has registered 'The Great British Bake Off' as a UK trade mark. While this does not protect copying of the format in itself, it can severely restrict the use by third parties of key distinctive elements that make the format recognisable and valuable. This is particularly helpful when looking to prevent ancillary copying such as merchandising, as well as when licensing the format for other countries or into different genres - as is becoming increasingly common (eg the 'Minecraft' movie or 'Who Wants To Be A Millionaire' board game). The challenge can be that format titles can be quite generic or descriptive, which can make it difficult to achieve effective trade mark protection.
Design rights
Design rights can also protect the visual aspects of formats:
- Set designs: the distinctive visual elements of a show's set can be protected through registered or unregistered design rights.
- Visual props: unique props or visual elements that contribute to a show's identity may also qualify for design protection.
To be protectable, designs have to be original or novel, and the ambit of design protection is fairly narrow, and will not generally protect designs that are similar, but not identical or near identical, copies.
Passing off
When direct IP infringement is difficult to prove, the law of passing off may provide recourse:
Requirements: to succeed in a passing off claim, a format owner must demonstrate:
- goodwill or reputation attached to the TV format (or elements of it)
- misrepresentation by the alleged copycat that would mislead the public
- damage to the format owner's goodwill.
Challenges: proving passing off can be difficult, as copycat producers typically make clear the origin of their show, even if the format is similar. In reality, this means that passing off claims are unlikely to be of assistance in a case where only the format itself has been copied – although in the Shazam Productions case there was a finding of passing off based on the name of the dining experience ('Only Fools The (cushty) Dining Experience') not being sufficiently different to the name of the sitcom ('Only Fools and Horses') that no confusion would occur, nor was the nature of the dining experience so removed from the sitcom that people were unlikely to associate the two, notwithstanding a disclaimer on the dining experience's website.
If, as will commonly be the case, there is international use of a format, then the laws of other countries come into play, in particular unfair competition laws in other European countries which may well be an easier claim to bring than under passing off.
Confidentiality and contract law
Beyond traditional IP rights, confidentiality and contractual protections play a crucial role:
Confidentiality: a duty of confidence can arise without anything in writing if information which has the 'necessary quality of confidence' is imparted in circumstances which are clearly confidential in nature, so early discussions about formats can be protected in this way although it's always better to have things in writing!
Non-Disclosure Agreements (NDAs): having potential collaborators sign NDAs before sharing format details can help maintain confidentiality, restrict onward use, and provide a basis for legal action if breached.
Restrictive covenants: contracts with key talent and production staff can include clauses preventing them from working on similar competing shows, although must go no further than necessary to protect a legitimate business interest in order to be enforceable.
Practical guidance for businesses
For businesses looking to protect their formats in the UK, protection as a dramatic work under copyright is potentially the most effective route, though they must remain mindful of the high bar for protection. Here are some practical steps to consider:
- Document everything: create a comprehensive 'format bible' with detailed information about the show's structure, sequence, proposed name, and other key production elements. The more information you can put in writing, the greater your chances of protecting the format by copyright as a literary or dramatic work.
- Develop distinctive elements: ensure your format has clearly identifiable features that distinguish it from similar shows, and that these features are connected in a coherent framework.
- Use NDAs: request that anyone to whom you show the format proposal signs an NDA beforehand. At the very least, make it clear that the information is confidential and not to be used without consent.
- Consider international protection: seek protection of the format in other countries – for example, in the US you can register your TV format with FRAPA (The Format Recognition and Protection Association).
- Register trade marks and designs: develop a brand identity for your format (programme name/catchphrases/logo) and register it as a trade mark in various classes and territories.
- Develop visual elements: create designs for your TV format (costumes, visual props, set designs) that can be protected by registered design rights or as artistic works under copyright.
- Protect yourself from format infringement claims: be careful in relation to any format ideas that may be pitched to you, carefully documenting the date of receipt and who has seen them, ensuring anyone working on potentially similar formats is not exposed to any submitted ideas and responding to those submitting the format idea making clear that you do not accept or consider third party format ideas.
Effective IP strategies are key
While the UK lacks a specific format right, a strategic combination of copyright, trade mark, design rights, confidentiality, and contract law can provide meaningful protection for formats. The key to successful protection lies in detailed documentation, consistent application of distinctive features, and proactive management of intellectual property rights.
As the global market for TV formats continues to grow, with UK formats like 'The Great British Bake Off' achieving international success, effective IP protection strategies will remain essential for content creators looking to maximise the commercial value of their creative work. By understanding and leveraging the available IP rights, format creators can better safeguard their innovations in an increasingly competitive – and potentially lucrative - industry.
