December 2005
Pop Idols Cowell and Fuller rediscover their X-Factor
Pop svengali Simon Fuller has agreed to drop his copyright claim against Simon Cowell after the two television and music industry collaborators reached an out of court settlement. Simon Fuller had commenced legal proceedings against Cowell, claiming that Cowell’s ITV hit, the X-Factor, included key elements of the format of the Pop Idol program.
As part of the settlement agreement, Simon Fuller has become a partner in the X-Factor programme. In addition, Simon Cowell has agreed to continue to appear in American Idol, the stateside version of the Pop Idol series. The two are also rumoured to be working on a new television program, as well as a new series of Pop Idol.
Briffa Comment
Although any claim involving such luminaries as Simons Cowell and Fuller is bound to attract widespread media attention, a very important issue lay at the heart of Fuller’s claim against the X-Factor. The question as to how the format of a television program can be protected using intellectual property rights has been a problem for people with ideas for programs and production companies for some time.
In a high profile case involving the once popular “Opportunity Knocks” program, the courts decided that the format of a television program that showcased the musical and dramatic performances of contestants was not protected by copyright. This case is often used as the starting point for any advice on television formats. However, the decision has been criticised as leaving a gap in the protection available to television producers.
Until recently, the industry worked on a “gentlemen’s agreement” basis whereby producers for television did not copy the ideas behind the programs. However, in an increasingly competitive market, relying on other producers to behave seems to be wholly inadequate. As such, the Fuller v Cowell row seemed to be a good opportunity to clarify and develop the law in this area.
In the absence of any further developments in this area, people with good ideas for television need to be careful with their new projects. A key advantage can be derived from being first to put the idea on the television. Using confidentiality agreements when disclosing your idea may assist where unscrupulous producers attempt to develop ideas without the input of the originator. However, it may be difficult to get production companies to agree confidentiality terms. In short, as with much of ITV’s current output, it’s a bit of a jungle out there.