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Reality TV Shows Difficult Concepts To Protect

By Andrew M. White and Lee S. Brenner

In the superheated competition of reality television programming, ownership of ideas is increasingly being disputed. For example, the legal battle between reality TV boxing shows “The Contender” and “The Next Great Champ” has proved to be more of a slugfest than anything going on in the ring. Household names from sports and entertainment – Oscar De La Hoya and Sylvester Stallone ' lined up on each side. Fox Broadcasting Co. produced “The Next Great Champ” and its opponent DreamWorks produced “The Contender” for NBC. Contender Partners LLC v. Fox Broadcasting Co., SC082599 (L.A. Super. Ct.). At the heart of the dispute has been the simple idea about boxers who compete in some fashion, with one man left standing at the season finale.

Allegations of idea theft will likely increase as the number of reality TV shows expands and the realm of truly novel ideas shrinks. Resolution of these cases could set new standards for ownership of ideas and the best ways of protecting those rights.

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