Australian UNESCO Orbicom Working Papers in Communications: No. 1 Audiovisual works, TV formats and multiple markets
Bill Grantham highlights that innovative ideas can be protected in certain ways, although this process is inherently complex and fraught with challenges Due to the federal system in the United States, legal treatments of idea protection vary across jurisdictions Notably, the Ninth Circuit Court of Appeals, which covers Hollywood, generally applies an objective and subjective test similar to that used in Dutch courts and in cases like Big Brother and Survivor litigation, ensuring consistency in evaluating intellectual property claims.
The methodology in comparing texts often involves highly subjective judgments, which I find intriguing, especially given my experience litigating numerous plagiarism cases This comparison process can be likened to a Proppian approach, where elements of folk tale morphology are broken down and analyzed Irish historian Roy Foster has compellingly argued that narratives in Irish history can be reduced to Proppian archetypes, highlighting how these storytelling patterns influence popular consciousness While this analytical method is intellectually engaging and offers valuable insights into narrative structures, it also functions as a captivating parlour game that emphasizes the subjective nature of literary comparison.
In comparative analysis, the process tends to be reductive, focusing on core elements to facilitate understanding Often, one side aims to simplify as much as possible, leading to essential objectives like "a man meets a woman, they fall in love." As these elements become increasingly abstracted, they can apply to numerous cases, suggesting that such reductive combinations may be uniquely significant in understanding different scenarios.
In the dispute context, high-profile plagiarism battles frequently unfold, often grabbing public attention For example, a notable case involved the film *Amistad 3*, where a novelist sued, claiming her invented elements were used without permission despite the film’s basis on public domain historical events These cases highlight the complexities of intellectual property rights, especially when fiction intersects with historical facts.
A common complaint from writers is that studios have stolen their scripts, often citing specific similarities For example, some claim that a film's lead character named Sam was used without permission, especially when the lawyer in their submitted script was also named Sam These allegations highlight the importance of protecting intellectual property in the entertainment industry and demonstrate how even minor details, like character names, can lead to accusations of script theft.
But, that’s the sort of reductio ad absurdum that goes on all the time People try and fashion the discourse so that things appear similar
Philip Kitley highlights the relevance of Albert’s concepts of the centre and periphery, emphasizing their significance in Asian studies He discusses how certain countries are traditionally positioned on the periphery, reflecting broader global dynamics and the influence of central hubs Understanding these terms is crucial for analyzing regional hierarchical structures and power distribution in Asian contexts.
1 United States, Court of Appeals, San Francisco, California
2 Vladimir Propp was a Russian structuralist scholar who extended Russian Formalist approach to narratology (the study of narrative structure)
Asianists tend to disapprove of certain practices related to intellectual property In Malaysia, the local attitude toward illegal activities such as format copying, adaptation, and copycatting appears to be very strict Residents and industry insiders consistently emphasize that such activities are not prevalent and that the Malaysian community is highly law-abiding when it comes to protecting intellectual property rights This strong adherence to legal standards showcases Malaysia’s commitment to respecting copyright laws and encourages ethical media practices.
Across the water in Indonesia, ripping and format copying constitute a significant industry, often involving the same people who share cultural similarities As a producer from "Television Across Asia 4" explains, it's difficult to avoid copycatting when programs inspire others, seen as a natural part of creative development Therefore, the traditional notion of a strict center-periphery dynamic doesn't neatly apply to neighboring countries, which may appear to have differing approaches but are actually interconnected through shared influences.
Michael Keane – So you’re saying that in Malaysia they’re more law-abiding in relation to licensing than perhaps in Indonesia
Michael Keane highlights that for format producers looking to do business, regions like the UK, Malaysia, Hong Kong, Taiwan, and China are common choices due to established relationships and language advantages He emphasizes that countries with a strong legacy of ties to the UK and greater English language understanding facilitate easier formalization of program rights Conversely, he notes that in countries like Taiwan and China, weaker copyright enforcement and numerous methods of copying across languages pose significant risks for intellectual property protection.
Philip Kitley explains that while some consumer goods are genuine, much of the market involves copying and counterfeit products He notes that walking through Kuala Lumpur at night reveals a wide array of ripped-off goods readily available for purchase.
The other point that comes out of this the case you were describing [Bill Grantham] that you have been personally involved in
Indonesian and Malaysian producers prefer alternative approaches to conflict resolution, prioritizing the preservation of long-term business relationships They believe that the court system, as discussed by Albert, is not conducive to maintaining sustainable partnerships Instead, these regions focus on methods that foster trust and cooperation, ensuring ongoing collaboration rather than short-term solutions This cultural difference underscores the importance of relationship-building over legal disputes in their business practices.
It’s an interesting difference: a cultural difference and maybe a centre/periphery difference
4 See Kitley, P 2003, ‘Closing the creativity gap – renting intellectual capital in the name of local content: Indonesia in the global television format business’ in A Moran and M.Keane (eds.) 2003,
Television across Asia: Television industries, programme formats and globalization, RoutledgeCurzon,
FORMATTING IN EAST ASIAN TELEVISION
MARKETS: THE PRECURSOR TO A NEW BUSINESS MODEL?
Protecting TV formats from imitation and theft remains particularly challenging in East Asia, where enforcement is often difficult While safeguarding formats worldwide is complex, there is a growing recognition in global media markets and courts that formats qualify as valuable property deserving legal protection Format licenses serve a key economic purpose by generating revenue through rights sales Notably, recent developments in intellectual property law are favoring protection of works with functional aspects over purely creative elements, indicating a significant shift in legal attitudes toward format protection and intellectual property rights.
‘product’ rather than ‘work’, the latter a category in which the television format has some difficulty in being located, despite the obvious similarities with narrative works
Understanding the reasons behind format copying in China, Taiwan, and South Korea requires recognizing market fragmentation's role This fragmentation occurs in two forms: firstly, the increasing segmentation of audiences due to multi-channel broadcasting, which drives producers to seek affordable, targeted programming Secondly, structural duplication among local television stations vying for viewers fosters a competitive environment similar to China's emerging network oligopolies In China, the abundance of television stations seeking inexpensive entertainment content has made formats highly attractive, fitting naturally into society's propensity for copying—an aspect vividly highlighted in William Alford’s study on intellectual property in China.
Steal a Book is an Elegant Offence In early China, television programming during the 1970s and 1980s was heavily politically motivated, with producers awaiting directives from government cadres Audience entertainment was not a priority; instead, the focus was on delivering educational content to align with political ideals, reflecting a period where television served as a tool for ideological education rather than entertainment.
The situation has evolved substantially now such that the current Chinese business model revolves around the idea of mimetic isomorphism 7 Let someone else test the
5 Stamatoudi, I A 2002, Copyright and Multimedia Products: A Comparative Analysis, Cambridge: Cambridge University Press, p 6
6 Alford, W 1995, To Steal a Book is an Elegant Offence, California: Stanford University Press,
Explore additional program examples in “A revolution in programming and a great leap forward for production?” from A Moran and M Keane's *Television across Asia: Television Industries, Formats, and Globalisation* (RoutledgeCurzon, 2003) Stay tuned for an upcoming book on Chinese Hong Kong and Japanese television industries, which provides further insights into regional broadcasting innovations and global trends.
Korean, and Taiwanese format developments are dealt with in some detail (Keane, Fung & Iwabuchi,
Out of Nowhere: New Television Formats and the East Asian Cultural Imagination, Hong Kong
University Press 2004) idea and when it is successful move into copy and adapt it This is precisely what has happened with formats
Prosecuting unauthorized copying in China is highly challenging due to uncertainties about jurisdiction, whether cases are handled by local courts, national courts, the Chinese government, or international tribunals The legal process is complex and often not worth the potential reward Despite these difficulties, companies like Endemol have made efforts to enforce intellectual property rights in China.
For a successful long-term strategy in the media industry, it's essential to persist, sell program rights while safeguarding your brand identity Developing additional revenue streams, such as advertising, can significantly enhance profitability Localization of programs, as exemplified by Murdoch, increases chances of success in foreign markets Attempting to impose a dominant approach like a "big bully" in China is unlikely to be productive, emphasizing the importance of a nuanced, culturally aware strategy for international expansion.
Philip Kitley – I was just wondering Michael whether you know whether Endemol was really serious about its court action or whether they were trying to bark like a watchdog
Michael Keane indicated that Endemol's legal team was uncertain about the legal territory and appeared to be testing the waters regarding potential legal action He shared relevant legal background from his book to assist their understanding but believed they were only gauging their options Ultimately, Keane is confident that Endemol is unlikely to pursue court action against the television station, as he doesn't see any substantial gains for them.
Tom O’Regan inquires about the sustainability of the Asian, Chinese contemporary television business model, questioning how it might be affected if the Chinese television market becomes more concentrated, similar to the oligopolies in Japan, the United States, or Australia He asks whether this Chinese business model is deeply linked to the current fragmented market structure and considers whether restructuring and consolidation within the industry could lead to significant changes in its operational dynamics.
The ongoing formation of Chinese conglomerates is a significant development, marking China's move to create national champions capable of competing with global giants like AOL/Time Warner and News Corporation Historically, China's media landscape was highly fragmented, comprising over 1,000 television stations across 28 provinces, with provincial, city, and county-level stations engaging in a barter system that lacked a formal exchange of rights This fragmented system involved stations exchanging content such as television dramas without structured rights management, hindering the development of a cohesive media industry.
Tom O’Regan – – It sounds very much like the Italy in the 70s when the public service monopoly was ended and the market opened up for commercial television services
9 Moran, A & Keane, M (eds.) 2003, Television across Asia: Television industries, programme formats and globalization, RoutledgeCurzon, London
Michael Keane – But the Chinese Government has put in place this policy called
Efforts to "let go of the weak" represent a rationalization process aimed at consolidating media resources by eliminating smaller stations Major conglomerates such as China Film and Television Group, Beijing Radio, Film and Television Group, Southern Broadcasting Group in Guangzhou, and Shanghai Media Group dominate this landscape These institutional groupings are designed to centralize resources into large networks, effectively leveraging economies of scale and scope Additionally, these conglomerates focus on enhancing enterprise management and professionalization to strengthen their market influence.
The Shanghai Media Group is an emerging competitor striving to rival CCTV, the dominant television network across China, known for its extensive distribution and widespread viewership Inspired by the success of the B-Sky-B model, they are strategically focusing on leveraging sports programming, following Murdoch's example, to establish a stronger media presence and attract a broader audience.
The focus is on improving the handling of business relations through more transparent procedures Currently, China hosts numerous co-productions, indicating a shift towards forming oligopolies or quasi-oligopolies This process is aiding in the elimination of grey areas and establishing clearer rights-management protocols While these reforms are moving in the right direction, significant change will take time due to the deep-rooted traditional practices and indigenous methods that still influence business operations.
Tom O’Regan highlights the strategy of testing innovative ideas through external sources before fully committing, reflecting a common approach in successful business models He draws a parallel to Japan’s historical success in manufacturing, where they often relied on early experimentation and strategic exploitation to dominate markets This approach underscores the importance of careful testing and timely implementation in achieving competitive advantage.
In Australian cultural discourse, there is a common perception that the country has a tendency to imitate, often resulting in a lesser or distorted version of the original This copying behavior is not unique to Australia and can be seen as a typical strategy rather than an exclusively Asian trait For instance, debates over adopting advanced rating systems last year highlighted Australia's consideration of wristwatch technology for radio ratings ahead of other major markets, illustrating this propensity to follow innovative trends.
In Australia, much of the debate centered on the idea of waiting for others to adopt new systems before taking action, aiming to avoid initial costs such as R&D and implementation expenses However, this approach risks forfeiting the benefits of R&D innovation and collaborative progress The prevailing mindset was to wait and benefit from others’ efforts rather than proactively participate Importantly, this is not solely an east/west divide; it reflects a broader hesitation to lead in technology adoption.
Michael Keane emphasizes that when discussing China and localization, it is essential to understand the country's deep-rooted cultural traditions In China, localization is not just about adapting products or services; it involves respecting and integrating longstanding cultural practices Recognizing this tradition is crucial for businesses aiming to succeed in the Chinese market, as it ensures authentic engagement and builds trust with local consumers.
10 Launched in 1998, British Sky Broadcasting Group (B-Sky-B) is Rupert Murdoch's UK satellite- enabled operation providing 400 digital TV channels
China has always been the great localiser Look at Genghis Khan he came in and became Chinese, and so-and-so invaded and they became Chinese
The phrase "X with Chinese characteristics" is a common cliché used to describe various aspects of China’s unique development approach It is often associated with socialism with Chinese characteristics, market economies with Chinese characteristics, and TV formats tailored to Chinese audiences—suggesting a blending of traditional and modern elements However, this common expression can be viewed as a form of rhetorical ruse, implying that these adaptations are authentically Chinese and genuinely owned by China.
The article highlights how certain industries avoid discussing intellectual property by rebranding their products to align with local culture Originally, the content was considered too crude and Western for the Chinese market, making it unsuitable However, by incorporating Chinese characteristics, the product becomes more acceptable and strategically positioned for future exploitation This approach demonstrates how cultural adaptation can facilitate intellectual property utilization in different markets.
Lucy Montgomery – Do you think that there is something wrong with that, really?
Do you think that’s a problem?
Michael Keane highlights that introducing external ideas has been crucial for China's progress in a traditionally stagnant marketplace He emphasizes that innovation is necessary to stimulate growth when local markets lack dynamism By incorporating localized concepts with Chinese characteristics, these external influences have provided essential momentum to the domestic industry, fostering development and competitiveness.
Michael Keane believes that Millionaire has established itself as a globally recognized brand Its international reputation makes it a highly prominent name in the industry To replicate its success, any copy or imitation must be of exceptional quality to meet the brand’s high standards.
A lot of copies have not been successful
Albert Moran notes that while format owners are typically flexible, allowing producers to adapt their shows to suit their audience and program needs, Celador is notably strict with "Who Wants to Be a Millionaire," insisting on exact adherence to the original format, including consistent décor and presentation, reflecting their rigid approach to maintaining brand integrity.
During the production of The Weakest Link in Hong Kong, the BBC made a special promotional effort by flying in the entire production team and dropping them by helicopter at the studio This elaborate event underscored the show's international popularity and the BBC’s commitment to maintaining its branding standards Anthony Fung discusses in detail how the same rigorous promotional approach, including a stern hostess, was insisted upon for the Hong Kong version to preserve the show's authentic feel.
Recent updates to the show have introduced modifications to enhance viewer experience The Chinese version, sold to Nanjing Television, features a friendly and attractive hostess who provides encouragement and maintains a positive atmosphere While the show faced criticism in Taiwan for its humiliation elements, Chinese audiences are more tolerant of these aspects when accompanied by a likable and approachable moderator, helping the program to appeal to local preferences.
So they still have the walk-of-shame but the stern-faced headmistress doesn’t abuse contestants for being stupid
Bill Grantham – For the US-network version they actually brought Anne Robinson out to do the show
Philip Kitley – Has anyone spoken to the localised producers about what they think of these people coming in and dictating?
Amos Owen Thomas highlights that the team was proud of their involvement in the project, feeling recognized for their expertise They were honored to be selected to handle the production at Endemol headquarters, showcasing their credibility and skill The team took pride in managing every aspect of the show, including set design, color schemes, music, and overall production elements, emphasizing their competence and dedication to delivering a high-quality program.
Lucy Montgomery – It sounds a bit like trademark protection though They’re protecting a brand name and a trade mark
Bill Grantham highlights that the international trademark protection framework is significantly less robust than copyright laws Enforcement largely depends on actual exploitation of the trademark or brand in the foreign country; without active use, legal grounds for enforcement are limited.
Lucy Montgomery – But the rationalisation for why they would want to do it is protecting the reputation of the company that produce the format
Ben Goldsmith – Given that The Weakest Link is cloned and they all seem to use
Anne Robinson is best known for her stern headmistress persona, which has become her signature role on television In Britain, she continues to host a notable show, leveraging her reputation for straightforward and sometimes confrontational interviewing Previously, she gained fame hosting a consumer watchdog program where her authoritative style involved unmasking scams and holding businesses accountable, often with a touch of humorous humiliation This consistent portrayal of an assertive and no-nonsense figure has cemented her as a recognizable and influential television personality.
She appeared on a BBC response program known for its sarcastic tone, engaging humorously with viewers' comments about various shows This element of sarcasm is a signature part of her persona, often incorporated into her performances While these elements are reused in her appearances, they genuinely reflect her authentic personality, making her stand out in the media landscape.
Justin Malbon – Has Britain signed up for moral rights?
Bill Grantham – Yes, in a limited way, the bare minimum
Justin Malbon – So she would have been forced to waiver her unique personality characteristics
Bill Grantham explains that personality rights are primarily a legal matter rather than moral rights, emphasizing the importance of properly transferring these rights When hiring someone, it's essential to have them sign over all their personality rights to ensure legal clarity Additionally, any intellectual property created by an employee during their employment automatically belongs to the employer or producer, highlighting the significance of clear agreements in intellectual property rights management.
Millionaire gained immense popularity thanks to its engaging format, with the iconic "Can I phone a friend?" phrase becoming a cultural joke However, what truly made the show a sensation was the substantial prize money, which captured viewers' attention and heightened the sense of stakes and excitement The show's success was largely driven by its promise of life-changing rewards, establishing it as a standout in game show history.
I mean countries like the UK, where for years and years, there was a ceiling of $UK
The excitement around reaching a million pounds was a key driver in capturing public interest, especially after deregulation transformed the industry While selling a good car for 20,000 was challenging, the prospect of hitting this significant milestone sparked widespread enthusiasm Interestingly, the emphasis on a million-pound figure remains consistent worldwide; in the US, a million dollars—worth about two-thirds of a million pounds—serves as a similar coveted prize, highlighting the universal appeal of reaching such a substantial financial milestone.
I just wondered how that plays out in other places? So are they offering that figure in India?
Amos Own Thomas – Yes, the prize is a million rupees
Bill Grantham – And what’s that worth by comparison?
Amos Own Thomas – Divide by twenty for Australian dollars
Bill Grantham – And to what extent is prize money regulated in India?
Amos Own Thomas – It’s not regulated
Justin Malbon – And you understand that they insure against anyone taking that million It’s an insurance policy
Philip Kitley suggests that Amos’s comment highlights how people take pride in their accomplishments, reflecting a sense of personal achievement Despite recognizing that their success may originate from external sources, individuals often feel a deep sense of pride in their creative efforts This interplay between influence and personal achievement underscores the complex nature of creative pride.
From discussions with industry professionals, I learned that creators involved in producing licensed shows often feel impatient with overseas talent, viewing the process as merely procedural—such as sending tapes back and forth—without much interest Despite this impatience, they are aware of their own creative efforts, drawing inspiration from others while emphasizing that their projects are primarily developed in-house This mindset reflects a commitment to maintaining control over their content while integrating external ideas to enhance their productions.
When discussing cultural imperialism, it's important to recognize that on the ground, local people are actively involved and often believe they are doing good This understanding highlights the complexity of cultural interactions and the perceptions of those directly impacted Recognizing these perspectives is crucial for a nuanced analysis of cultural imperialism's effects.
Cultural impacts are a major challenge in film and television joint ventures, often leading to tensions and failures A notable example from the 1980s involved an American company merging with a Japanese firm; however, the merger was handled in a heavy-handed manner that alienated the Japanese partners As a result, cultural misunderstandings caused the alliance to break down, leading to significant losses for both parties Successful cross-cultural collaborations in media require careful consideration of cultural differences to ensure long-term sustainability.