Category Archives: Copyright

BBC Studios and Channel 4 risk court case by ripping-off President Obonjo…

#JusticeForObonjo !

BBC TV has a track record for simply stealing ideas.

Kate Copstick, doyenne of UK comedy critics agrees: “They do have a bit of a rep for being sticky-fingered.”

I mentioned one case in passing in a 2013 blog in which the Beeb tried to rip-off an idea the late Malcolm Hardee and I had. 

Which brings us to the current great rip-off scandal involving BBC Studios.

Monday 12th August sees a one-off event at the Edinburgh FringeAn Audience with President Obonjo: in effect, a fake press conference by the original African comedy dictator. This should be quite an event. Fur will fly.

Everyone on the UK comedy scene seems fairly gobsmacked at the utterly blatant rip-off of Benjamin Bankole Bello’s widely-known, much admired and increasingly prestigious character President Obonjo – an African military dictator adrift in the UK – which he has been building on the UK comedy circuit for the last ten years…  

The BBC have sold a non-broadcast pilot idea to E4 (part of Channel 4) featuring an African military dictator adrift in the UK but in what – on the basis of a trailer promoting it – appears to be a wildly racist lowest-common-denominator pile of steaming crap.

I am, perhaps, being too generous.

The general perception of the BBC (and, guilty by association) Channel 4 is that they are either 

  1. blatant thieves or 
  2. an amateurish shambles who don’t know anything about the live comedy industry…

When news of this rip-off first surfaced a few weeks ago, it seemed obvious that it was, indeed, a rip-off. But, as I blogged at the time, there was and is another – perhaps worse – possibility:

The (as it turned out) ironically-titled 2015 Fringe show

“If the BBC Studios Comedy team are not thieves, they are so utterly ignorant of their own area of entertainment that they should be sacked for utter laziness and for being incompetent wankers.”

When this scandal – for scandal it is – blew up, the BBC producer associated with the apparent rip-off, Ben Caudell, contacted Benjamin Bello for a meeting on 22nd July… presumably to try to smother criticism. 

He was apparently a tad surprised when Benjamin turned up with the aforementioned Kate Copstick, the most revered and arguably most fearsome comedy critic in the UK. It is not irrelevant that Copstick trained as a lawyer.

So let us be generous and presume that the BBC did not wantonly steal the idea from Benjamin. Let us assume that they are simply incompetent.

At the meeting with Benjamin Bankole Bello (remember that exact name) and Copstick – speaking in his capacity as a member of the BBC Studios Comedy team – Ben Caudell claimed never to have known about the widely-known President Obonjo character before the scandal blew up – although ‘President Obonjo’ had been performing on the live circuit over the last ten years, had staged two well-reviewed Edinburgh Fringe shows and had had multiple contacts with the BBC over a period of years. 

Ben Caudell also detailed how the BBC’s character of an African military dictator adrift in the UK had been developed separately from any knowledge of the existence of ‘President Obonjo’, an African military dictator adrift in the UK.

Interestingly, Copstick was later told by another BBC production person an entirely different story of how the BBC ‘innocently’ developed the entirely original character of an African military dictator adrift in the UK. 

A load of bull (Photo by Christian Wiediger via UnSplash)

The cynical might observe that, if you are going to tell potential porkies, at least agree beforehand on the same story. At least one (or more) of these conflicting stories has to be bollocks.

Anyway… Ben Caudell said, in his own defence, at the meeting with Copstick and Benjamin Bello (ie in front of witnesses), that “I don’t have much to do with live comedy… They’re not nearly as important as they think they are”.

This might go some way to explain how a BBC producer or a bunch of BBC producers (I believe the collective noun is ‘a bullshit’ of BBC producers) could be totally and utterly ignorant of an act which had been playing the London and UK circuit for ten years – widely known – AND had staged two well-reviewed (4-star) Edinburgh Fringe shows AND had multiple contacts with BBC TV over several years specifically about the President Obonjo character (the BBC response at that time had been: “We like what you do”).

Let us be clear that the BBC rip-off character was (allegedly) thought-up by BBC producers, progressed after discussion and development with others to the top of BBC Studios Comedy tree without anyone realising there was a President Obonjo act. Allegedly.

President Obonjo had been twice in the BBC New Comedy Awards competition with videos submitted in 2012 and 2014. The character was considered for the BBC’s own Caroline Aherne Bursary Scheme in 2018 and President Obonjo sketches were submitted to BBC3 earlier this year.

Bear in mind that the BBC’s ‘Colonel Banjoko’ character was (allegedly) created by people who had never heard of Benjamin Bankolo Bello’s original character President Obonjo. There is a striking similarity in names going on there.

I had thought Ben Caudell might have gone for the My Sweet Lord defence in which George Harrison copied I think note-for-note Ronnie Mack’s country & western song He’s So Fine but said he had not consciously copied the song: it must have got into his subconscious after hearing it.

The increasingly prestigious President at the 2017 Fringe

But, no, Ben Caudell, speaking on behalf of BBC Studios, was not saying he or anyone else had seen or heard of Benjamin Bankolo Bello’s President Obonjo character when creating their Colonel Banjoko character.

They could have said they didn’t like ‘President Obonjo’ and had been inspired to create a ‘better’ and different character.

But no. The claim was that no-one at all at any point in the development and commissioning process had ever heard of or seen the President Obonjo character… (Reminder: the previous BBC response to viewing the President Obonjo character: “We like what you do”)

So Ben Caudell suggested:

“As a gesture of goodwill, we will use best endeavours to feature President Obonjo in some way in an episode of a potential future series. This would of course be subject to broadcaster and commissioner approval.”

So no real offer of anything.

As Copstick wisely says: “As soon as they say best endeavours, they’re really not interested.”

When pushed further, Ben Caudell suggested: “How about this: to demonstrate that we really do want to acknowledge President Obonjo, why don’t we – with your permission – do a video version of your poster idea in our pilot? We’re thinking of doing a VT explaining Colonel Banjoko’s rise and fall. A photo of President Obonjo could feature in that, as the Colonel’s predecessor. How does that sound?”

Worth remembering here that it is a non-broadcast pilot which would not be screened on-air.

Last week, Kate Copstick got in touch with Karl Warner, Controller of E4, pointing out that the proposed BBC/E4 series “with its curiously, closely similar spoof African dictator will destroy (Benjamin Bello’s) act, his career and his livelihood. We met with Ben Caudell, who is producing the pilot. He gave one version of how the character came to be, since when we have been assured by someone else of another version (completely different) of how the character came to be. He (Benjamin Bello) is looking at a ten year career disappearing. Should this show be allowed to go ahead he will have nowhere to go with his character… his career… his creation.”

Karl Warner replied: “We’re satisfied that there’s been no infringement of intellectual property by BBC Studios in this case.”

Note that Channel 4’s statutory public service remit includes that it should “be innovative and distinctive.” 

I think a hollow laugh might be in order at this point.

Obviously, Copstick, I and Benjamin Bello have discussed the problem. This part of our discussion might be interesting, remembering that Copstick and I have a TV production background and Copstick trained as a lawyer:


President Obonjo and Copstick in Edinburgh

COPSTICK: Ben Caudell talked vaguely about the people upstairs. But, basically, anyone who has any power at the BBC doesn’t want to have anything to do with this and they’re just going to carry on. He can do nothing. 

The men in suits will not react, because they are so sure they are more powerful than anybody and can just wait until it all goes away. Or they will mumble something about “best endeavours”. 

There was a chance when we met him that he was actually vaguely decent and was thinking Well, maybe there’s something we can do that will keep everybody happy. But I don’t think that’s the case. I think he was just sent in there like a canary in the mine. They think it’s all going to go away.

I contacted a very prominent QC who specialises in Intellectual Property who says we have a reasonable case on several fronts. I asked to what extent could sections of the Universal Declaration of  Human Rights, as taken on by the EU’s Human Rights legislation, be used in an Intellectual Property case where the victim has kind-of shot himself in the foot because he has previously sent off ideas to a company. And, as we know, ideas are not copyrightable. 

JOHN: That’s the massive get-out clause for all broadcasters ripping-off people’s ideas.

COPSTICK: Yes. The fucker is that Benjamin sent the BBC ideas and one of them was not a chat show but, from what I’ve read of the Universal Declaration of Human Rights, your rights in your own Intellectual Property are your human rights, because your Intellectual Property is seen as an extension of yourself – especially where it’s something like a character. So, even though you are fucked under UK statute law, because you sent them ideas, there is the Human Rights angle.

JOHN: What did the QC say?

COPSTICK: He said: “That’s interesting”… Given than Benjamin has been doing this character and only this character for ten years, you could argue that it is his business… It is a business he has created and a business in which there is a lot of goodwill. It is a ‘brand’ and there is a lot of goodwill. So, by doing what BBC Studios and Channel 4 are doing, they are infringing the goodwill of the brand. Which is (a) true and (b) very monetisable.

JOHN: Well, I’m not worried about a court case. I would welcome the publicity!

COPSTICK: We will fight if necessary and the embarrassment factor for them would be at absolute maximum.

JOHN: And the QC would work pro bono…

COPSTICK: Yes.

JOHN: My angle is that, even if they didn’t rip it off intentionally – which stretches credulity a bit – the only alternative explanation is that they are incompetent idiots.

COPSTICK: They are worse than incompetent idiots. They are dangerous and damaging. 

JOHN: …because they are knowingly going to destroy a career built-up over ten years…

COPSTICK: Yes. They are going to destroy a career AND… they don’t care!

JOHN: And, given that Ben Caudell is married to an actress, Diane Morgan, it’s shocking that he doesn’t care more about performers’ careers.

COPSTICK: They really don’t care and also, even if everything they say is true, then what does that say about the attitude of BBC Television Comedy to live comedy? Live comedy is only important to them as a place where they go to steal ideas.

Although Benjamin did not send them a format with the President in a talk show format, by putting AN Other President in the talk show, they have more or less stolen the character as long as there’s enough similarity between the two presidents. What they will do is change his back story.

BENJAMIN: I talked to an Intellectual Property lawyer too and one of the things that President Obonjo does is he is very prominent on social media including YouTube videos and he is talking in character. 

JOHN: You are so prominent all over the place that it is inconceivable – unless the producers at the BBC are utterly incompetent and simply not even remotely doing their job properly – that they didn’t know you existed. The only way in which they could not know you existed was if they were totally inept.

If they claim that nobody developing or commissioning comedy at BBC TV or at Channel 4 had ever heard of you, it implies nobody at BBC TV Comedy or at Channel 4 Comedy knows or cares anything about live comedy over the last couple of years, let alone the last ten years.


#JusticeForObonjo !

President Obonjo’s 2019 Edinburgh Fringe show

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Why you can do nothing if the BBC or anyone else steals your TV or film idea

The figure of Justice - blindfolded to avoid seeing any truths

Justice, as always, is blind in the UK

I went to a Creative England ‘crew night’ at Elstree Studios last night.

In theory, these evenings are a chance for people to sell their services – as camera people, accountants, make-up artists, prop suppliers and the rest – to producers, directors and production companies. In practice, it mostly turns out to be suppliers of such services talking to other suppliers of similar services and to recently-graduated film students while they desperately look over their shoulders for non-existent producers, directors and production company executives.

I went because Elstree Studios are at the end of my high street in Borehamwood and because I correctly guessed there would be free egg sandwiches and crisps. I am an overweight man without shame.

I got chatting to an enthusiastic young man who foolishly started talking to me because (I think) he figured anyone as old and overweight as me must be a good bet for an established figure with finance to spare.

How wrong can an enthusiastic young man be?

“I’ve got this great idea,” was his opening gambit.

Mistake Number One.

Never tell a stranger your idea. They may steal it.

If a large, established film company wants your idea, they will probably just pay you money and give you a producer credit.

If a successful, well-financed film company simply steals your idea, you can do nothing about it. They will out-finance you in any legal case and, if you abandon your case, you will be liable for their costs.

If a small film company steals your idea they may possibly, if you are lucky, give you a percentage of the film’s net profit (which will be zero), no salary and a producer credit.

If a small film company screws you and makes an unsuccessful film from your idea and you sue them, you are throwing your money away in legal costs because the film made no money and there are no profits in which you can share.

If a small film company screws you and miraculously makes a successful film from your idea, gets shedloads of money and you sue them then, again, they will simply out-finance you and, if you abandon your case, you will be liable for their costs.

If a TV company steals your idea, you are similarly screwed.

You cannot afford to sue a TV company. They will out-finance you in the legal process and, if you abandon your case, you will be liable for their costs.

Malcolm Hardee outside Grover Court in 1995

Malcolm Hardee told the man from the BBC to “Fuck off!”

Many years ago, the late Malcolm Hardee and I had an idea for a 26-part TV series. It would be made either as an independent production for the BBC or, more probably, as a BBC series with us as producers/associate producers or in some way involved and paid. We mapped out the structure and detailed series format.

We suggested our idea to the excellent and entirely trustworthy Janet Street-Porter who, at that time, was Head of Youth at BBC TV. She liked it and passed it upward to Alan Yentob who, at that time, was Controller of BBC2. He said he wanted to do it.

This was early in the year.

By autumn, the legendarily indecisive Yentob had changed his mind and decided he did not want to make the series. It may have been for budgetary reasons. Or on a whim.

But fair enough. No problem.

The idea, pretty much, had to be made as a BBC production/co-production or not at all because it partially relied on a lot of the BBC’s archive material.

About three years later (I can’t be exact) Malcolm received a phone call from someone at the BBC saying they were thinking of making a 26-part TV series and could they talk to him about putting them in touch with various people. The proposed BBC TV series had the same title as our idea, was on the same subject and had the same structure. There was no mistaking the rip-off.

Malcolm told the BBC man to fuck off and laughingly told me about the phone call. The BBC had forgotten from whom they had stolen the idea and had approached the very person they had nicked it from.

But it is not as simple as that.

Ideas are only ideas and two people can separately have an entirely original idea.

That was not the case with our idea, as the structure and even the title of the series was what we had suggested. It had been blatantly ripped-off, though it was never actually made.

Oddly, in the UK, the BBC has a worse reputation for stealing ideas than ITV, Channel 4 and the small independent producers. I suspect this is because of size.

I suspect what happened with our idea (which had been given a provisional go-ahead as a general, well-formatted idea for a BBC project but had not had any concrete work done on it) was that it had been discussed by and mentioned to various people and, three years later, someone simply plucked it from their memory without remembering or caring how it had got into their mind.

Channel 4 has fewer reasons to steal ideas

Channel 4 is less likely to steal

Channel 4 has no corporate reason to steal ideas: it commissions but does not make programmes. And, unlike the BBC and ITV, small independents (by and large) have no standing staff crews. They do not have staff instantly available for projects. They get ideas commissioned and then employ people on a project-by-project basis.

So, if you take an idea to them and you have all the contacts, knowledge and experience, they might as well bring you in as part of the production team and possibly (though rarely) cut you in on a small percentage of the money because it is easier to use your knowledge rather than employ someone who has to get to the state of knowledge you already have. Also, it is not the production company’s money; they can insert you into the production process within the budget which gets agreed by the commissioning channel; you become part of the overheads.

With the BBC, there are large numbers of staff on the payroll, so it is psychologically easier to rip-off external people’s ideas because the BBC is a vast organisation; and it is practically easier to rip you off because there are people already on the ongoing BBC payroll who can get together all the facts, contacts and research required.

It is easier to screw you and the person screwing you will probably not even be the person you gave your idea to.

It will be their boss or their boss’s boss or another producer who heard the idea from another producer who heard it from the secretary of the person you originally told.

So…

– There is simple theft of an idea.

– There is second-hand theft of an idea.

– There are cases where people have genuinely forgotten they heard the idea from someone else and think it is their own new idea.

– And there are cases where two unconnected people have simply come up with exactly the same idea because it is a concept whose time has come.

Whatever.

You can send manuscripts, plot outlines, formats and everything to yourself or your solicitor in strongly sealed envelopes by registered post and not open them when you receive them – thus being able to prove that you had a specific idea in detail on a specific date…

But, by and large, if a TV or film company or a producer decides to rip off your idea, there is nothing you can do about it unless you win the Lottery.

So it goes.

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British government accused of weakening copyright to help Google – and fat, bald man breaches copyright

Copyright symbol

In the latest issue of the Writers’ Guild of Great Britain‘s weekly e-bulletin, this interesting piece appears under the heading

________________________________

INDUSTRY NEWS

________________________________

A committee of MPs has issued a report strongly criticising changes in copyright law and warning, “There is an underlying agenda driven at least partly by technology companies (Google foremost among them) which, if pursued uncritically, could cause irreversible damage to the creative sector on which the UK’s future prosperity will significantly depend.”

The report, by the Culture, Media and Sport Committee, quotes Viscount Younger of Leckie, Parliamentary Under-Secretary of State for Intellectual Property, as saying: “Google is one of several search engines … and I am very aware of their power, put it that way. I am also very aware, I think, that they have access, for whatever reason, to higher levels than me in No. 10, I understand.”

Changes to copyright law follow a review by Professor Ian Hargreaves, a former newspaper editor, and include new exceptions (i.e. free use of copyright material) for educational purposes, private copying, parodies and pastiches, and “user-generated content” in which consumers can download material and incorporate it in their own creations without permission or payment. There is also a plan to introduce “extended collective licensing” which could enable copyright collecting societies to give permission and accept payment for works by people who are not even their members.

The Writers’ Guild keeps a close eye on such developments through its affiliations to two expert bodies – the Creators’ Rights Alliance and the British Copyright Council. Both organisations have made detailed submissions to the Government that have been endorsed by the Guild.

Read more on the Melville House website, the Creators’ Rights Alliance website, and  the British Copyright Council website.

********

I, of course, am all for maintaining strong copyright laws – otherwise everything I write could be nicked and passed-off by others as their own creation. The irony is that, in  re-printing that Writers’ Guild of Great Britain’s piece, I have broken their copyright.

In my heart, the importance of copyright and irony are nicely balanced.

Perhaps more interesting, though, is the sentence quoted above from a British government minister saying that Google “have access, for whatever reason, to higher levels than me in No. 10, I understand.”

The italics are mine.

What reason is being hinted at here?

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The bad review of the unauthorised Father Ted stage show at the Edinburgh Fringe and the threatened legal action

(This piece was also published by the Huffington Post)

The Father Ted logo from the original Channel 4 TV series

If you are a performer, reviewers are like Americans. It is difficult to live with them, but it is difficult to live without them.

Getting a bad review can be very upsetting, though.

Yesterday morning Garry Platt, photographer, occasional Edinburgh Fringe reviewer and one of the So It Goes blog’s increasing number of men-in-the-street with his finger-on-the-pulse, drew my attention to an amazing Fringe story.

The previous day, reviewer Amy Taylor had blogged about a theatre/comedy review she had written at the recent Edinburgh Fringe. It was her fourth year there as reviewer and, in her blog, she did not name the show she reviewed. She described it as “a two-hour long interactive comedy show, that involved actors impersonating characters from a famous TV comedy”.

She had booked her Fringe tickets via the show’s PR lady.

Amy says in her blog: “I wrote what was I felt was a negative, yet honest and fair review, which was published on The Public Reviews website shortly after. In my review, I stated that the show was ‘unauthorised’ as when I researched the show, I found a number of articles and quotes from the makers of the TV show saying that the show had not been authorised by them.”

Amy Taylor’s blog about the controversial Fringe review

It is well worth reading Amy’s full blog here but the potted story is this…

… A few days after the review was published, a barrage of e-mails started from the show’s PR lady, culminating in a threat of legal action for libel. Even this escalated with, Amy says in her blog, accusations of conspiracy.

Amy’s view is that “the intimidation, bullying and harassment of journalists simply because someone disagrees with what they have written, is immoral, unethical and odious. My advice to any company that is disappointed with a review is to see what they can take from it. If the review is constructive, then there will be something positive in there that you can learn from.”

She also points out that “journalists communicate with one another. This means that if you threaten a writer or a publication with legal proceedings, other writers will hear about it. Once others learn about your treatment of journalists, it damages your reputation more than any negative review ever could. Some might say that’s ironic, but to me, that’s poetic justice.”

Amy’s review is still online here at The Public Reviews.

The stage show logo, as published with the review

The show she reviewed was Ted & Co: The Dinner Show, staged by the British company Laughlines Comedy Entertainment who also have Fawlty Towers: The Dinner Show in their repertoire (not to be confused with a rival Australian company’s show Faulty Towers: The Dining Experience).

Laughlines claims to be “the UK’s leading comedy entertainment company” – something which I think might be disputed by the BBC etc.

I asked PR guru Mark Borkowski what he thought about the handling of this affair. He has vast Edinburgh Fringe experience – he legendarily got acres of coverage for Archaos in two separate years by simply claiming they were going to juggle chainsaws during their show (they were not) and then having people ring up and complain to the Council and to the press.

He told me yesterday: “In PR, legal action is a threat of the very  last resort. Jaw-jaw before war-war. It reminds me of the Private Eye reply to a letter they received threatening legal action. The letter said:

Our attitude to damages will be influenced by the speed and sincerity of your apology.

Private Eye’s reply was:

“Tell your client to fuck off – Sincere enough for you?

“Frankly,” Borkowski told me, “every bad review is an opportunity.

“According to Claire Smith at The Scotsman,” he told me, “2012 was a high bullshit mark on the old Festival’s Plimsoll line. There were more PR people running around the Fringe than performers.”

So, obviously, I asked Claire Smith what she thought.

“I think there was definitely more paranoia around this year,” she told me, “and a lot of misunderstanding about the way PR people and journalists work together. PR people helped me get interviews – get comments on things – check information. But I heard a lot of spurious theories about the way PR people influence reviews which I would not agree with…

“Reviews are not as powerful as they once were because of the influence of social media and I would say that is a good thing. Social media has amplified the word of mouth effect – which has always been one of the great things about the Fringe. But the numbers of people getting paid to write reviews is shrinking. Are we losing something? I think we are… Though I would still argue reviewers can add something to the mix.

“I’m glad Amy blogged about her experience. I’ve had similar experiences myself in the past and it is very upsetting.”

(Claire refers to a recent report she wrote for The Scotsman on the financing of the Edinburgh Fringe and being threatened, during her research,  by a prominent venue owner and a prominent British comedian.)

Australian John Robertson, who had two shows at this year’s festival tells me: “The only PR people I saw at the Fringe drank with me in various bars, danced with each other, knew each other and when gathered in a group, all began to look and sound exactly the same. My PR was lovely, but I can’t speak to a deluge. Though I did see the high watermark of bullshit (fake stars, stars from odd places, reviews with plenty… of… this) but that begat its own backlash from punters, which is lovely.”

There is another angle to this story, though. That the Ted & Co stage show at the Fringe this year had no authorisation from the copyright owners of Father Ted.

Mark Borkowski told me: “Clearly there is a rights issue. If I was a corporate TV rottweiler legal, I would take a good look at the company’s output. Do BBC Worldwide know they are staging Fawlty Towers or Father Ted?” (BBC Worldwide distribute Channel 4’s Father Ted series)

Comedian Ian Fox pointed out to me that the Chortle comedy website had posted an article raising worries about Father Ted: The Dinner Show when it was performed at the 2011 Edinburgh Fringe.

In a posting on my Facebook page yesterday, comedian Richard Herring put into words what I myself had been thinking: “I simply don’t understand (and never have) how they are allowed to do this without the consent of the people who created the characters.”

Ian Fox suggests: “The Fringe Society does question whether or not you’ll be using music in a show and you pay relevant PRS fees at the end of your run. I don’t see why they can’t ask when you fill in your Programme registration If you’re using characters and material created by others do you have the rights to perform the material? and simply not allow anyone who doesn’t have rights into the main Programme.”

As regular readers of this blog will know, Ian was randomly attacked in the street during this year’s Fringe. I can report he is slowly mending.

Ian Fox experienced one of the dangers of the Fringe

“I’m free from noticeable bruising,” he tells me. “Still not got the feeling in two teeth at the front. I believe it’s the infraorbital nerve that is damaged/injured and, once the areas that are under the skin have healed, the feeling should come back. I have more feeling in the teeth than last week. However lots of movement appears to make my face ache.

“What’s more annoying though is the fact that I appear to be showing signs of Post-Traumatic Stress Disorder in that I’m very jumpy in busy places and still don’t like being out at night. Which is making gigging a bit difficult.”

He is still gigging widely.

But, with threats of legal action over bad reviews and physical attacks on comedians in the street, the Edinburgh Fringe seems like it is getting to be an increasingly dangerous place to be in August.

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“Whisky Fir Dummies”: Why was this Edinburgh Fringe show title banned?

Before the lawyers: Whisky For Dummies

(A version of this piece was also carried on Indian news website WeSpeakNews)

Yesterday, I got sent a press release from Scots comic Alan Anderson. Last year at the Edinburgh Fringe, he performed a show titled Alan Anderson: Whisky Fir Dummies. This year, his show is billed in the Fringe Programme as Alan Anderson: Whisky Fir Dummies 2.0 with the come-on that there will be “free whisky tasting during every show”.

Except, Alan says, the show will not now be titled that because US publishers John Wiley & Sons have a series of ….. For Dummies books and they have threatened to sue him.

Alan claims in his press release that much of the terminology used in the show is from the Gaelic language and, in Scots Gaelic, the show title itself Whisky Fir Dummies means “Whisky, man pacifier”.

I have no idea if this is true or not. It sounds unlikely and potentially like a publicity stunt.

But, whatever the truth of the translation, Alan Anderson says John Wiley & Sons’ lawyers have accused him of “passing off” his comedy stage show Whisky Fir Dummies as one of their ….. For Dummies books. They claim it is “likely to result in serious confusion and result in dilution of Wiley’s trademarks”.

After the lawyers: Whisky Fir Dafties

Alan says: “The legal advice given (to me) is that the show title does not infringe Wiley’s For Dummies trademark, nor do any of their UK/EU trademark registrations cover the fields of live whisky tasting or stand up comedy. However as an act of goodwill towards Wiley’s – and to prevent a lengthy and costly legal battle – it was decided to change the show title. This also opens up the possibility of publishing a series of books, CD or DVD of the show titled Whisky For Dafties or better still Copyright Law For Dafties. Sadly however the name change means that the Edfringe.com URL has been changed making it difficult for customers to purchase tickets for the show online.

“As for causing confusion or passing off,” continues Alan, “if you think a large corporation like Wiley’s would put on a whisky tasting show in the basement of an Edinburgh student pub at 9pm during the Fringe then you probably need to read Marketing For Dummies. If having seen the show you still think Wiley’s is responsible then you should probably write How to produce an award winning Edinburgh comedy show for Dummies.”

If true, this tale is yet another an example of a large American company taking leave of its corporate senses and personally I think they should publish Wanking For Dummies (a sure-fire hit for small children in the UK). They obviously know a lot about the subject.

If untrue, Alan’s press release is a contender for the increasingly highly-esteemed Malcolm Hardee Cunning Stunt Award.

Either way, he is on to a winner in publicity terms.

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