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.

The return of Mr Methane and a Danish TV format which puts “Britain’s Got Talent” into the shade

So Mr Methane, the world’s only professional performing flatulist, phoned me unexpectedly yesterday afternoon. He was at Manchester Airport, on his way back home from Denmark.

He had been flown over to Copenhagen by Danish TV to take part in a show. He had to dress in his green superhero costume and lie on a hospital trolley. He was then wheeled in to the studio so that his green-costume-clad bottom was next to a blindfolded man’s face. As the man’s blindfold was being removed, he farted talcum powder in the man’s face and then had to try to make the guy laugh within 60 seconds.

“That’s quite difficult,” he told me, “because, if you open your eyes and someone you don’t know is farting talcum powder in your face, then you’re not really being put into the sort of relaxed state of mind where you are going to be prone to laugh…you tend not to see the funny side of life immediately… So he didn’t laugh. But it all ended up OK… He won the show because he didn’t laugh and then he was filmed proposing to his girlfriend who said Yes and everybody was happy… At least it was better than doing a Friday night gig at a student union with everyone drunk and shouting…”

When I get phone calls like this, I think I may have led too sheltered a life and I should get out more.

___________

You can see Mr Methane performing on Britain’s Got Talent here.

Britain is full of immigrants

Allegedly, the USA is the ‘Land of Opportunity’ where any immigrant can arrive with nothing and create a new life for himself or herself with unlimited potential. But you cannot become President if you were not born in the USA.

What’s that all about?

I have a British friend whose parents were Indian – they arrived and settled here in the UK in the 1950s and 1960s. She told me (and I admit I was surprised) that she had never experienced any racial discrimination in the UK. She never encountered it until she lived in the USA.

It does seem to me – in a vast generalisation – that the US is a land of separated peoples. They define themselves as Irish-American or Swedish-American or African-American and they tend to retain their original nationalities in social clubs and by living together in areas, sometimes ghettos.

In Britain, after a couple of generations, people define themselves as British.

People talk about Britain having a 2,000 year history – since the Romans invaded. But that’s bollocks. The Romans didn’t even control the whole of Great Britain – the main island of the British Isles. They invaded and controlled what is now England, the lower part of Great Britain; for a very brief time they controlled parts of what is now Lowland Scotland (Hadrian’s Wall is south of the current border); they never fully managed to control Wales; and, as many have, they pretty-much gave up at the very thought of controlling Ireland.

Last century, actor Gordon Jackson was the definitive Scotsman. He played the butler Hudson in the original ITV series of Upstairs, Downstairs and, whenever movie-makers wanted a Scotsman in their film, he was their first call. He epitomised Scottishness.

Occasionally I used to work with one of his sons. When he (the son) reached his 40th birthday, he told me that, the older he got, the more Scottish he felt.

“Where were you born?” I asked.

“Hampstead.”

Hampstead is in North London. But then, if you are the son of Gordon Jackson, you are going to feel Scottish. His mother was Scots too and, though brought up in London, they had a holiday home in Pitlochry.

I remember standing in an office in the London Weekend TV tower looking out at a misty, drizzly South Bank and Westminster scene and saying to this Son of Gordon Jackson:

“Now that is dreich.”

“Definitively dreich,” he replied.

Dreich is a Scots Gaelic word which is virtually impossible to define in English. You have to see what it describes if you want to understand it.

There is an interesting theory that the Welsh – or, at least, the people in the middle of Wales, the mountainous parts, the parts that ironically get at bit uppity about being called British and insist on keeping the Welsh language afloat – are actually the only remnants of the original British, pushed back into that western bump of Great Britain by successive invaders from the south, east and north of the island.

The original British were killed-off or bred out of existence perhaps 1,500 years ago.

Basically, everyone in Britain is an immigrant except, possibly, the forefathers of a few Welsh people.

In the legend of the Knights of the Round Table, the point is often forgotten that King Arthur was killed. The invaders, in reality, won. The losers possibly fled West.

My surname is Fleming so, at some point, my forebears came from Flanders/Belgium/Holland. But, despite an uncalled-for English accent, I am Scottish. The Scots and Irish are allegedly Celtic but, to my eyes, are clearly Scandinavian – pale skin, light hair, sometimes freckles. I used to have dark brown hair and a ginger beard. That’s Scandinavian.

The Welsh are said, like the Scots and Irish, to be Celtic; but the Welsh are in generalised physical terms nothing like the Scots and Irish – they tend to have dark hair, for one thing.

The Celts, again in very general terms, came from Central Europe. So they are sort-of German though, when I worked in the Czech Republic, the locals reckoned the Celts had actually come from what is now the Czech area of Central Europe.

The Anglo-Saxon English are from what is now Germany – the result of invasions by the Angles and the Saxons.

A Danish TV director I know, who worked with both me and Son of Gordon Jackson, told me he once drove round Yorkshire and recognised most of the names of the towns and villages: they were either recognisable Danish names or bastardisations of Danish names.

Hardly surprising, given that Denmark ruled most of England for so long.

To be a racist, you need to be ignorant of history. To talk of “racial purity” anywhere requires a deep ignorance of history. To talk of “racial purity” in the UK requires a remarkable level of crass stupidity.

I am old enough to remember TV documentaries about the last Yiddish language newspaper closing in the East End of London. Some of the street signs there – around Brick Lane – used to be in Yiddish; now they are in Bengali. Limehouse in East London used to be a Chinese area. Now there’s a little Chinese area in Soho (artificially created, it has to be said, by ‘Red Ken’ Livingstone). Everything is constantly changing.

The English language has thrived on constant new inputs from foreign languages; it is constantly changing. The ‘British people’ (whatever that means) have thrived on constant new cultural inputs and there is constant, vibrant change. Britain is constantly being re-born. Unlike the USA, we seem to have integrated and assimilated our immigrants over time. Admittedly we have had longer.

Britain, depending on how you define it, didn’t even exist until 1603 (when James VI of Scotland became James I of England) or 1707 (when the Act of Union was signed). The flag which the British Army flew at the Battle of Culloden in 1746 in support of their Hanoverian monarch was not the current Union flag. The current so-called ‘Union Jack’ did not exist until 1801 when another Act of Parliament united the Kingdom of Great Britain and the Kingdom of Ireland.

If/when either Northern Ireland or Scotland breaks from the United Kingdom and becomes independent, then the flag will have to change again.

No-one in Britain is, when it comes down to it, actually British. We are all immigrants. The British are long-dead, except perhaps for a few distant relatives in Machynlleth.

What “Britain” means is a moveable feast.