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Protecting Reality TV Formats

By Michael I. Rudell and Neil J. Rosini

The nature of reality has bedeviled scientists, philosophers and theologians for millennia. The nature of reality television programs, however, is a relatively modern concern and ' like reality itself ' doesn't lend itself well to copyright protection.

The biggest obstacles to protection under copyright are these: First, reality programs do not exhibit preordained elements like plot, themes, mood, setting, pace, characters and sequences of events. Second, the basic elements of reality shows, such as a contrived environment, dynamic participants, competitions, elimination rounds, prizes, and a story that unfolds without a script, are commonplace and unprotectable. Third, the overlay of a particular context in which these elements play out ' such as a corporate hierarchy, a jungle, a gym, or a houseful of young roommates ' is merely a concept and for that reason, not protectable under copyright, either.

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