How thinking up a good TV format can make you a millionaire or screw you with a horrendous court case

Last weekend I posted a blog about Mr Methane phoning me from Manchester Airport on his way home from recording a TV show in Denmark. It turned out he wasn’t on his way home. He is still away on his professional travels – farting around the world, some might call it – but he has given me more details of the Danish show he appeared in.

He was brought on stage as Mr Methane and farted in the face of a man whom he had to make laugh within 60 seconds. Mr Methane tells me:

“The show comes out in Denmark in the autumn and is called My Man Can: the ladies bet on what their man will be able to achieve and he has fuck-all idea what’s going on because he is in a glass cylinder listening to Take That or some other shite music that’s being piped in. It’s a bit like a modern day Mr & Mrs with a slightly different twist so Derek Batey doesn’t see them in court.”

It does sound a bit like that to me too and I also thought Derek Batey created the TV gameshow Mr and Mrs but, in fact, it was created by the legendary Canadian TV quiz show uber-creater Roy Ward Dickson

TV formats are big business. I remember the ATV series Blockbusters hosted by Bob Holness (the request “Give me a pee, Bob” was oft-quoted by fans).

It was based on a US format and, in the UK, was networked on ITV from 1983 to 1993. In one period, I think in the late 1980s, it ran every day around teatime Monday to Friday. From memory (and I may be wrong on details) at that time the format creators were getting £5,000 per show and the show was transmitted for six months every year – I think they transmitted for three months, then had three months off air, then transmitted for another three months and so on.

That is serious money in the late 1980s. To save you the calculation, 26 x 6 x £5,000 = £780,000 per year for a format thought up several years before; and the format was also running on US TV and in several other countries around the world and, for all I know, could still be running in several countries around the world 25 years later.

That is why format ownership and copyright is so important. If you have an idea, it can maintain your millionaire status 25 years down the line. Ripping-off formats is an extraordinary phenomenon. You would think, given the amount of money involved, that there would be some workable law against it, but there isn’t. One factor, of course, is that you cannot copyright an idea; you can only copyright a format and there lies the rub that will probably stop you and me becoming millionaires.

My Man Can, for example, is most definitely not a rip-off of Mr and Mrs. The format of My Man Can is that “four women gamble with the abilities their partners possess – and put the men’s courage and skills to the test. She sits at a gambling table and bets her rivals that her man can accomplish certain tasks. He waits helplessly in a soundproof cubicle, waiting to hear the task his wife has accepted on his behalf. Each of the women is given 100 gambling chips which she uses to bet on her partner’s performance in each round of the game.”

The most definitive horror story I know about formats is the scandalous failure of Hughie Green to get the courts’ protection over the format to his Opportunity Knocks talent show.

Green first started Opportunity Knocks as a radio show in 1949. As a TV series, it ran from 1956 to 1978 and was later revived with Bob Monkhouse and Les Dawson presenting 1987-1990.

Hughie Green invented a thing called “the clap-o-meter” which measured the decibel volume of clapping by the studio audience after an act had performed. But the acts were voted-on by viewers and Green’s several catch-phrases included “Tonight, Opportunity Knocks for…” and “Don’t forget to vote-vote-vote. Cos your vote counts.”

The way I remember the copyright problem is that, one day in the 1980s, Hughie Green got a letter from the Inland Revenue asking why, on his tax return, he had not declared his royalties from the New Zealand version of Opportunity Knocks in 1975 and 1978. This was the first time he knew there was a New Zealand version.

It turned out the New Zealand Broadcasting Corporation had transmitted a TV talent show series which not only ran along the same lines as Hughie Green’s show but which was actually titled Opportunity Knocks, had a clap-o-meter to measure audience clapping and used the catchphrases “Tonight, Opportunity Knocks for…” and “Don’t forget to vote-vote-vote. Cos your vote counts.”

Not surprisingly, in 1989, Green sued the New Zealand Broadcasting Corporation for copyright infringement. He lost. He appealed. He lost. My memory is that it ultimately reached the House of Lords in London, sitting as the highest court of appeal in the Commonwealth. He lost. Because all the courts decided that a largely unscripted show which was different every week (which is what a talent show is) with “a loose format defined by catchphrases and accessories” (such as the clap-o-meter) was not copyrightable and “there were no formal scripts and no ‘format bible’ to express the unique elements that made up the show”.

In 2005, Simon Fuller sued Simon Cowell claiming that Cowell’s The X-Factor was a rip-off of Fuller’s own Pop Idol. The case was quickly adjourned and settled out of court within a month. Copyright disputes are not something you want to take to court.

Once upon two times, I interviewed separately the former friends Brian Clemens (main creative force behind The Avengers TV series) and Terry Nation (who created the Daleks for Doctor Who). BBC TV had transmitted a series called Survivors 1975-1977 which Terry Nation had created. Or so he said. Brian Clemens claimed he had told Terry Nation the detailed idea for Survivors several years before and Nation had ripped him off. It destroyed their friendship.

As I say, I interviewed both separately.

I can tell you that both of them absolutely, totally believed they were in the right.

Brian Clemens absolutely 100% believed he had told Terry Nation the format and had been intentionally ripped-off.

Terry Nation absolutely 100% believed that Survivors was his idea.

They fought a case in the High Court in London and, eventually, both abandoned the case because of the astronomically-mounting costs. Neither could afford to fight the case.

There’s a lesson in legal systems here.

Basically, even if you are fairly wealthy, you cannot afford to defend your own copyright. If you are fighting as individuals, the legal fees will crucify you. If  you are foolish enough to fight any large company, they have more money to stretch out legal cases longer with better lawyers than you. They will win. In the case of Hughie Green, even if you are rich and famous, you may be no different from a man who is wearing a blindfold and who, when he takes it off, finds someone is farting in his face.

When BBC TV remade Survivors in 2008, it was said to be “not a remake of the original BBC television series” but “loosely based on the novel of the same name that Nation wrote following the first season of the original series.”

Guess why.

Bitching about famous people. Your chance to guess – who is XXXXX, the lecherous showbiz groper?

Isn’t gossip a wonderful thing?

Yesterday, following on from my blogs about The downside of being a dead celebrity and Famous two-faced showbiz pond scum, I was having a wee e-chat with Scots comedian Stu Who about the “celebrities” we’d met.

He told me: “My own personal nemesis was XXXXX, who I found to be a particularly rude and lecherous auld cunt, when out of the public gaze… Lechery, of course, is no sin, but when a position of power is abused by touching-up young runners and crew in a ‘joking’ way, I just can’t keep quiet and had a couple of altercations with XXXXX …. not a nice man!!!”

This interested me, because I had heard XXXXX was a groper, but wasn’t sure if it was true because I’d met him briefly twice and both times he seemed very amiable, gentle and uncle-ish; he fitted his ‘family entertainer’ image perfectly.

Stu told me, though, that he found dealing with people like XXXXX “was all counterbalanced beautifully by some of the really nice people I have also had the privilege to encounter and work with… Some of them I literally ‘hated’ on TV before meeting them and I was subsequently gobsmacked to find out how cool and friendly they were in real life… Bob Monkhouse being the most notable.

“He’d been my pet hate for decades with his plastic appearance and gushing superficiality, but he turned out to be really pleasant, courteous and astonishingly supportive to this daft Glaswegian who’d been hired to do his warm-up for the Lottery shows.”

I have never heard anything bad about Bob Monkhouse whom I greatly admired. He was known for his great love of slapstick and his collection of comic silent movies. We had him as a guest on the very slapsticky children’s show Tiswas and his only stipulation up-front was that he should not be custard-pied in the face.

There was no problem with this and he mentioned it right up-front when he was booked; but none of us could figure out why he didn’t want to be ‘pied’ – it seemed perfect for his image and he was in no way pompous; he was a lovely man. Our only wild guess was that he wore a wig – but we had never heard of him having one, I have never read of such a thing and it didn’t look like he had a wig. So, to this day, it remains a complete and utter mystery to me.

I’ve been luckier than Stu Who.

I’ve actually only ever worked with one person who played the “I’m a star” bit.

People told me Chris Tarrant was a bit up himself when Tiswas first hit big but, when I encountered and later worked with him, he was a joy: a total laid-back professional. He was nothing like his image – he was a highly professional, highly sophisticated, cigar-smoking reflective fisherman – and a good bloke.

I’m sure his anarchic image can survive that description.

But you can never tell what people are really like.

A few years ago, at a special National Film Theatre screening of her father Anthony Newley’s indescribably odd film Can Hieronymus Merkin Ever Forget Mercy Humppe and Find True Happiness?Tara Newley confirmed that her mother Joan Collins had decided to divorce him after attending the premiere of the movie. According to Tara, Joan had never seen the finished film before that screening. And, if you have ever seen the autobiographical movie (in which Anthony Newley, Joan Collins and their children all appear), you can see why she divorced him. I seem to remember reading an interview with Joan Collins in which she loved him but couldn’t live with him.

I am not surprised.

I once tried to book Anthony Newley on Channel 4’s The Last Resort With Jonathan Ross and failed.

I talked to his agent while Newley was in the US and before he came to London to appear in a West End stage show. The agent was happy for him to appear on The Last Resort and Newley was keen to appear on the show. The trouble was that our TV show transmitted live from 10.30pm in Wandsworth and Newley was on stage until around 10.30 in the West End.

It would probably take him at least 10 minutes of show over-run, applause and rushing out of the theatre (still in costume and make-up) to get out onto a street where a car could pick him up. He was even prepared to ride pillion on a motorbike to do the journey. But there was no way to guarantee at that time on a Friday night in London that he could be got to Wandsworth and into the studio in time for any meaningful appearance on The Last Resort.

So we had to abandon the idea. No problem.

We had wanted him on the show. He had wanted to appear.

We were all the best of chums and no-one was to blame. It was just one of those things.

A couple of weeks later, I got a phone call in the Last Resort office.

“Hello, it’s Tony Newley,” the voice on the other end said.

He was phoning from his shower in a Park Lane hotel. I could hear the water in the background.

“Can you believe they have a telephone in the shower?” he asked me.

He said he wanted to apologise for not being able to appear on our show.

I said there was no problem because it was just the timing which had proved impossible. We would have him on in future in a flash if we could.

But he wanted to say sorry.

There was no need for him to make the phone call and certainly no need to make it to me – I was merely the show’s researcher, not the producer.

But he made the call.

I always thought very highly of him after that.

I still don’t know if Can Hieronymus Merkin Ever Forget Mercy Humppe and Find True Happiness? is a good film, though. And I have seen it three times. It is certainly bizarre.

But Anthony Newley, on the basis of my one phone call with him, seemed a good man.

On the other hand, though, on the basis of two brief meetings, XXXXX seemed OK to me.

Who can tell?

Gossip is an in-exact art.

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NB… I should point out that XXXXX, a well-known entertainer, is definitely not any of the people named in this blog and I have never mentioned him in any previous blog.

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