ceetv.net continues with the series of interviews with some of the most interesting speakers taking part in the first ever MIP Academy DO, organized by Reed MIDEM. The event will take place in Moscow on May 12-13, 2013.

Christoph Fey is Founding Partner, President and Managing Director of the ENTERTAINMENT MASTER CLASS, headquartered in Berlin, Germany. He is an attorney with the media law firm UNVERZAGT VON HAVE, representing writers, actors, directors, producers, broadcasters, agents and distributors. He is an experienced mediator of disputes arising out of claims of plagiarism. From 2002 to 2005, Christoph acted as Managing Director of FRAPA, the Format Recognition and Protection Association.

Christoph has written widely on entertainment business, format protection and copyright law - most recently the book Trading TV Formats. Widely in demand as a speaker, he lectures at business schools, film schools, universities and media conferences around the world.

At MIPAcademy DO, Fey will present the session Copyright Or Right To Copy which will focus on two burning issues: How to Get Deals Done & How to Protect Format Ideas. This will include how to negotiate format deals cleverly and how to follow the ‘lead trail’ and earn from an idea.

CEETV’s Maria Ruban did a quick Q&A with Paul Boross ahead of the event:

ceetv: What is Entertainment Master Class?
CF: The ENTERTAINMENT MASTER CLASS is the television industry’s premiere entertainment academy and network for executive education where leading practitioners from all over the world teach and mentor. We scout for new talent and new ideas and bring creators, producers, commissioners and media entrepreneurs together into one class room to share practical advice and inside stories how to best navigate this really complex industry. We are basically a think tank created ‚by the TV industry for the TV industry’.

Since our foundation in 2008 we have grown a global community of over 100 faculty members, and more than 350 alumni from 40 countries have gone through the program. This is a really strong network with close personal relationships and we have seen a lot of business being done within this ‘circle of trust’.

What sets us apart is the focus on both - The Art & the Business of Show Business, so our program focuses on how to create the show AND how to make the money.

ceetv: Can you give some advice on how to protect original formats, TV shows or any other idea to prevent other companies from 'getting inspired' and produce their 'own' version?

CF: ‘Ideas are free as the air’, as they say. It is not the idea behind a format concept that is protectable – only the original expression of the idea can be a valid copyright protected work that can be owned by its creators.

So, the central question in copyright is always ‘Is it really original?’ – because copyright will only protect an original fingerprint. That original expression is likely to be something written, acted, played, sung, painted, drawn, sculpted, designed, filmed – something that is expressed in a perceptible form. The greater the originality, the more protection you can expect. Where the act of creation has led to a work that is obviously a novel and unique creation, the copyright will be treated as relatively ‘thick’. Where the act of creation is minor – as in the adaptation or compilation of earlier work – the copyright will be seen as comparatively ‘thin’.

But the law is always behind the business, so the best protection is not to wait for an answer that a judge may give. The best protection is to build a business that will eventually protect you. Grow a business out of your format, negotiate clever deals, be quick and first to market. The speed of delivery and being first to market is often the best protection you can have. Build a network of talent, because what buyers will look for is access to talent, skill and knowhow. The best protection is to be a hot property that people want to deal with.

ceetv: What can be done if a format was eventually stolen?

CF: This really depends on who has stolen it and how they have stolen it. Obviously, you can pressure people to take the case to court. Every negotiation is happening in the shadow of the law. If someone has stolen your show, the first thing you have to ask is: ‘Can I take it to court and is there a legal case for it?’.

If you are not a big player but an independent producer without a lot of commercial power you have to rely on the legal side. If you have a strong legal case, the other side may choose to settle out of court – which is actually the case in most copyright cases to prevent disclosure. Being publicly labeled a copycat can seriously hurt the business and relationships within the industry.

ceetv: Is it harder to copyright a scripted or non-scripted format?

CF: There is a long and well established case law when it comes to the question ‘What is copyrightable in the world of scripted drama?’. Even judges have learned a lot of cases in literature, theatrical movie and television. Scripted is by far easier to protect.

Also, judges are educated in the written language. It is easier for them to see something scripted in words and written down in a treatment or a screenplay or a novel. In scripted you often have the creation of a fictional world with written down storylines, characters and dialogues. The judge can read the creative work, compare it to an alleged copycat and decide whether it is original. Non-fiction can still be copyrightable. Documentaries with storylines and plots can be copyrightable, data bases can be copyrightable, but facts in itself are not copyrightable because they are not ‘originally created’ by human beings.

When it is non-scripted and non-fiction, this is the hardest case to protect.

ceetv: Can you give examples of recent 'copycat' cases that you have been dealing with?

CF: Obviously, I can’t disclose anything I’m personally working on but everybody knows about the big cases that have hit the trade press. ‘Banijay vs Eyeworks’ has attracted a lot of publicity. Both are celebrity diving contests and everybody is looking at this case because it is a non-scripted reality show and this is the hardest to protect. However, you only hear about the cases when they have actually gone to court – which usually means the settlement negotiations have failed. Most cases are settled out of court under strict confidentiality. I’m often called in as a mediator in these cases and it is made clear at the beginning that no information will go to the press or to competitors. So what you hear about in the press is only the tip of the iceberg.