September 2004
Will (young) Simon Cowell's X Factor be shown the (gareth) Gates over Pop Idol copy?
Simon Fuller, the pop supremo behind such manuafctured pop delights as the Spice Girls and S Club 7 as well as more serious acts such as Annie Lennox notching up 96 number one singles in the process is the owner of the Pop Idol format. He is apparently somewhat less than impressed with the new ITV Saturday night programme "X Factor" fronted by the eponymous Simon Cowell (famous for a scything tongue and bizarrely high waisted trousers)
It is believed that other than the fact that the judging panel is very similar to that of Pop Idol so are the logos, the camera angles and also the music. It hasn't escaped Fuller's attention that some of the cast and crew have also transferred straight to X Factor leading to, some might say, inevitable similarities (Kate Thornton being one).
The general format almost mirrors that of Pop Idol, regional heats where "singers" ranging from dubious talent to stage school levels of self confidence queue for hours for a chance to be bullied and abused by Simon Cowell. The few who make the grade move to the next round in London and so on and so forth until the Pop Idol…..sorry, person with "the X Factor" is crowned. The main difference appears to be that X Factor has different classes of competition i.e. "prepubescent", "average age" and "getting-on-a-bit-&-devil-to-market-but-we-need-to-be-PC".
As yet unconfirmed, it has also been mooted that Fuller may have a breach of contract claim against Cowell originating from a contract that Cowell signed prior to his participation in Pop Idol.
BRIFFA Comment:
Television programme formats have been notoriously hard to protect. Before a programme is made the best way to try and protect a format is to keep a good written record of the idea itself, any scripts, set designs, character names and general themes etc. Then if any copies your idea really directly you may have a copyright infringement claim. Also use a confidentiality agreement when approaching third parties for example producers or television companies.
For television programmes that have already been put into the public domain this is somewhat more difficult. You do have the advantage of being first to market however this does not prevent damage if you are copied abroad where you may have been able to have licensed the format.
The last couple of years have seen various cases around the world relating to reality television programmes. The makers of "Survivor" and "I'm a celebrity get me out of here" almost came to blows whilst makers of Big Brother, Endemol have pursued many a foreign pretender in court in various countries notably losing its case in Holland but winning in Brazil. Castaway Productions lost a case in Holland against "Big Brother" and a separate case in the USA against "Im a Celebrity…"
Whilst we avidly await the outcome of what will likely be a highly public spat, the question that we are left asking ourselves at Briffa is whether a trial judge would exact a verbal revenge upon the high waisted trousered one for all those cruel comments he has unleashed on unfortunate wannabe popstars. In front of a judge would be one situation in which he wouldn't be able to answer back!