Whether a TV format is capable of copyright or dramatic work protection (under the UK’s Copyright Designs and Patent Act 1988 (CDPA)) has been a question long debated by the UK courts. While judges in certain cases have been prepared to accept the principle that TV formats are capable of protection as dramatic works under the CDPA, no such claim in a UK court has ever actually been successful. The claimant in the recent case of Rinkoff v Baby Cow Productions [2025] which came before the High Court last month, was therefore trying to set a new precedent.
The claimant, writer and comedian Joshua Rinkoff, alleged that the copyright in the format of his comedy series Shambles had been infringed by Baby Cow Productions Ltd. Rinkoff alleged that the TV show produced by the defendant, Live at the Moth Club (LATMC), which aired on the TV channel, Dave, between 2022 and 2023, had copied the format of Shambles, in that both combined live stand-up performances with a behind-the-scenes sitcom. Rinkoff argued that the format of Shambles was capable of being protected as a dramatic work under the CDPA.
The judge, Recorder Amanda Michaels, stated that the following two conditions must be met for a format to be protected as a dramatic work:
- there must be a number of clearly identifiable features which, taken together, distinguish the show from other similar shows; and
- the distinguishing features must be connected with each other in a coherent framework which can be repeatedly applied so as to enable the show to be reproduced in recognisable form.
The judge found that Rinkoff’s claim fell down on both fronts. Rinkoff’s counsel identified eight features which, in their view, distinguished Shambles from other similar shows, but as these features were not present in each episode of the show, Recorder Michaels held that the show was not a unified work capable of performance. Further, even if the first part of the test was satisfied, the judge decided that the abstract nature of the eight features meant that they were not connected with each other in a coherent framework which can be repeatedly applied so as to enable the show to be reproduced in a recognisable form.
This decision underscores the challenge of arguing that a TV format qualifies for protection under the CDPA. The judgment highlights that, in order to be considered a dramatic work, a TV format must exhibit a high degree of specificity and coherence. Producers and writers seeking to create a work capable of protection must carefully record the unique characteristics of their show at the outset of a series, and must ensure consistency as the series progresses.
Even if a court is willing to accept that a programme’s format is protectable, the claimant must still prove that a substantial part of the work has been copied. In Rinkoff v Baby Cow, neither condition was met, reinforcing the significant hurdles involved in successfully claiming TV format infringement in UK courts.
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