The battle for originality in an infinite IP world

By Siobhan Crawford 09-12-2024

Industry veteran Siobhan Crawford looks at television’s sheep-like trend for creating formats similar to recent hits, rather than just paying for the original.

You may hate and detest the current surge of reboots but let me paint a (real life) scene.

Why we buy
Your team works for two years developing an idea. They finesse and incur the development costs and you present it to a channel for the fourth time at the end of your tether because you don’t know what else you can do to it. And finally they say yes. Elation. The channel will now own 50% of your format as they will pay the budget and take the risks in their schedules. It stings but your show is getting made.

Then you start to think about the international picture. You get a distributor who pays an advance to acquire the rights to your amazing new show and recoup some of your development costs (and your faith in development is restored), or you are part of a production group who assume control of the new show for their catalogue and you become the golden child of the group.

Next step, in a world where newly commissioned IP is gold dust, you get some options and some direct to licenses, you generate revenue that can continue over the years so long as you care about your format and keep it fresh, control the quality and find tweaks for new seasons. Plus, people now want to work with you to co-develop the next big hit. Success.

Imagine your delight when after a break in a territory, a format (and its revenue) returns for a new commission, a reboot. You have made what is called an “evergreen” format and the IP creates value in your company for that future sale. Amazing.

Now imagine this did not happen and instead somebody made a format that was very, very similar and got it created. Your format dies in obscurity and you have to start all over again. Okay, worst case scenario, but you see where I am going with this.

The bottom line
Why are we talking about this? Because I am a huge advocate for ‘buy, don’t borrow’ and that means respecting IP that exists, because honestly most ideas already do. But some people opt to create a format just close enough to the line as to create a new format in a popular new genre that they own 100%, and it drives me mad.

The line, for those not in the know, is the point of replication. Inspiration and borrowing of other people’s ideas to create your own close enough to an existing idea but knowing when too much means copying. And sometimes people do this on purpose. Not that there is really a punishment, let’s be clear. IP law depends on precedent in a country.

What we are getting into here is when formats exist that sit in exactly the same space (and schedule slot) and the above situation is created. But also, the situation we have at Mipcom where one great show is created and then lots of less premium shows are launched for years to come with smaller tweaks.

The Masked Singer

Why? Did you not want to redevelop an existing format and share? Does every company need a format in the same genre as everyone else to maximise revenues? Is it the commissioners who miss out on one format and need to commission a direct competitor for their schedules? Is it the streamers who need worldwide rights? Or is it just because people are not smart enough to go to K7 or The Wit and check their creations? Because while Frapa may be the ‘authority’ on infringement, they are not checking registered formats for crossover like a patent. So please don’t think joining Frapa or registering a format is your absolution from sin a la the infamous Mysteries in the Spotlight vs Masked Singer debacle where 1+1 subsequently joined Frapa as members.

Déjà vu
Listed here are example formats and distributors filling up certain genres. You can tell me ‘we only like to buy new things’ or ‘copying formats creates a new genre’ and whatever else you want to say, I am thinking that we only needed one of these because broadcasters have few format slots!

When kids can help their parents date: Single Parents (Armoza), All Inclusive (ITVS), My Mum Your Dad (ITVS), Date my Mum (Banijay).

Raising up the talented: The Headliner (Talpa), Lift You Up (BeEnt), Rising Star (Keshet).

Generational exposure: Old People’s Home for 4 Year Olds (SevenOne), When Teenage meets old age (BBC Studios), Home Alone (France Television), Lodgers (Banijay).

Love by any means (as long as it includes moving): Love Raft (ITVS), Love Van (Mediaranch), Dating The Mob (Armoza), Alone Together (Banijay), Love on the Road (Primitives).

Did someone say mountain? Beyond Boundaries (BBCS), The Summit (Banijay), Backpack of Life (X-Line), The Challenge (Paramount), Ultimate Expedition (Rabbit), Blind to the Top (Mediawan), Arctic Challenge (LineUp).

Kids off the rails: Brat Camp (All3), The Big Brother (La Concepteria), Snowflake Mountain (Netflix), Raised by the Village (Banijay?), Bad Habits, Holy Orders (Keshet).

Who belongs with who? Love Disconnected (Phileas), Lovers or Liars (All3), Together or Never (Keshet), anything from Jubilee or Cut on YouTube.

Money is better than love: Ready to Mingle (ITV), Love Trap (All3), FBoy Island (WBITVP), Marrying Millions (A&E), Turn on the Charm (All3).

And your anthem for this one, Chamillionaire Ridin’, because sure as anything I ‘see you rollin’ and I am hatin’ you for being inspired by the originality of others and not buying formats. I am always watching.