Television formats – between copyright and know-how

The concept of a television format is well known to viewers, the creative industry and lawyers alike. However, each of these groups understands it in its own way. In general terms, a ‘television format’ is the method of producing a given television programme (series, game show, reality show, etc.), particularly in terms of certain standards: aesthetics, rules, a similar formula and repeatability. This standardisation allows viewers to form positive associations, which are intended to encourage them to continue watching and engage with the characters’ stories. From the perspective of broadcasters and television producers, on the other hand, formats are a guarantee that the product they offer (a series or programme) will achieve commercial success. The final group, namely lawyers, see ‘television formats’ as a conglomerate of various types of rights – copyright, industrial property rights and protected know-how – which, taken together, constitute a protected work.

But what exactly is a television format?

There is no legal definition of a “television format”, but the simplest definition, developed through practice, assumes that it is a set of elements which, together, enable the creation of a programme. These include the plot outline, character descriptions, set and sound designs, music, effects, and production guidelines, which enable other creators to reproduce the original concept. Such a format may be used commercially, but this is not necessary – its authorship is determined by the creative input itself and the accompanying materials.

Protection of formats – how does it work?

Firstly, it should be noted that there is no common, international, standardised legal framework for the protection of such formats. The main tools for protection rely on various, complementary systems of protection arising from copyright law, the law against unfair competition, trade marks and trade secrets.

Copyright does not protect ideas, concepts or principles of operation

Copyright law requires that a work be fixed; only then is it protected. The point, therefore, is that it must be expressed in some way. Consequently, protection may be obtained for, amongst other things, scripts, graphics, music, set designs and even storyboards, but not for the general concept of a show. It can therefore be said that in the event of a potential infringement of economic copyright in a format, it is crucial to prove that the infringer has used its creative elements, and thus those that can be considered a work within the meaning of the Act on Copyright and Related Rights. Polish case law pays particular attention to this issue: “similar elements appearing in both programmes, such as comparing product ingredients, the interwoven thread of comments by a food and nutrition expert, the setting, and staging solutions – are not of a creative nature”.

The solution to this problem is the creation of a so-called format bible. This document is, in effect, a user manual for broadcasters and television producers who have obtained a licence for the format, as it contains detailed guidelines describing how a specific television programme should look and function, and in particular: the programme’s general principles (concept, target audience), structure (episode outline), rules of the format (who appears, what the rules of the game are, mandatory elements), visual and editorial advice (editing style, colour scheme, graphics, music, types of shots, characteristic framing). On the one hand, all this is intended to ensure the standardisation mentioned earlier, and on the other, it helps format owners to secure protection.

Other methods of protecting rights to television formats

Even if the creative contribution is not used in another programme, the format producer can defend themselves against competing programmes that give viewers or broadcasters the impression of a connection to the original. In such cases, the format owner may seek protection under, for example, the provisions on combating unfair competition or industrial property law, in particular trade marks.

Protection of know-how, general principles of the Act on Combating Unfair Competition (UZNK)[1] and the tort of ‘parasitism’

The value of a format lies not only in its inventive creative layer, but also in the entire production infrastructure, and thus in the knowledge of how the programme should be organised, recorded and presented, i.e. the so-called know-how. This is the foundation of the format: procedures, technical and organisational solutions that the viewer will never see, but without which it would be impossible to create a coherent version of the programme.

Know-how can be protected under the provisions of the Act on Combating Unfair Competition (“UZNK”) in several ways.

Firstly, it is in the interests of the format owner, broadcasters and television producers to ensure an appropriate standard of protection for trade secrets, including confidential information such as detailed information on a specific format (technical and organisational solutions adopted, programme structure, production procedures, etc.) disclosed to contractors during the course of their cooperation. This is done either in the form of a separate non-disclosure agreement (NDA), or the matter is regulated in a civil law contract (contract for specific work, contract for the provision of services).

Secondly, if there is a risk of infringement or if an infringement has already occurred, the owner of the format (or the broadcaster or television producer) may base their claims on the allegation of so-called ‘parasitism’. By ‘parasitism’ we mean the actions of a third party consisting in benefiting from the fruits of another’s labour (in foreign literature, such conduct is often vividly described as ‘ploughing with someone else’s ox’ or ‘free riding’).

The solution referred to above stems from the so-called general clause described in Article 3(1) of the UZNK, which prohibits conduct contrary to the law or public policy if it threatens or infringes the interests of another trader or customer.

In the case of television formats, parasitism may be deemed to include, amongst other things, the reproduction of key elements of the format – the rules of the game, the concept, the structure of the episodes, the set design and the visual presentation.

Trademark protection

Many formats are very strongly associated in viewers’ minds with a specific visual identity and, for example, the programme’s name. That is why the creators of such formats often register programme titles, logos or even distinctive slogans. Unfortunately, the weakness of this type of protection is that it does not protect the programme’s structure and its underlying concepts, but only the name itself, or possibly its main visual elements.

Summary

Based on this article, one can safely conclude that format owners have a range of legal options that complement one another. Used in combination, they provide the means to take effective action to protect their format.

Sources:

https://rsisinternational.org/journals/ijrsi/digital-library/volume-11-issue-7/1163-1176.pdf

https://www.kul.pl/files/102/articles/2017_1/sosnowska.pdf

https://frapa.org/wp-content/uploads/2025/01/FRAPA-Trends-in-the-format-industry-2025-rapport-.pdf

https://frapa.org/wp-content/uploads/Report/FINAL%20FRAPA_Report_2011.pdf

Z. Pinkalski, Legal Protection of Television Formats, Warsaw 2015

https://frapa.org/faq/

Judgment of the Court of Appeal in Warsaw of 30 July 2018, VI ACa 531/16

[1] The Act of 16 April 1993 on Combating Unfair Competition (consolidated text: Journal of Laws of 2026, item 85).