Legal Issues in Copyright Protection of Game Show Formats

Abstract

The research of this article is to examine and analyze legal issues concerning intellectual property protection for television formats, particularly game shows. Currently, numerous game shows have emerged and gained significant popularity among audiences, thereby generation substantial economic value in the modern entertainment industry. However, the absence of clear and robust protection measures allows competitors to imitate or unfairly exploit these game shows, thereby causing harm to their owners. In Thailand, intellectual property protection for game shows falls under the Copyright Act B.E. 2537 (1994), which protects the expression of ideas and "creative works" recognized under copyright law. However, the current law does not provide comprehensive and effective protection for game shows, particularly with regard to their formats, which are diverse and constantly evolving. The study reveals that a major obstacle to protecting game show formats lies in the fundamental principle of copyright law known as the idea-expression dichotomy. Under this principle, the law protects only the expression of ideas, excluding ideas, procedures, and methods of operation. In the context of the game show formats, they cannot be classified as dramatic works or artistic works eligible for protection under the Copyright Act B.E. 2537. This is because the contestants act independently and rely on their individual wit and abilities, making game shows more comparable to sports competitions than pre-scripted performances classified as dramatic works. Furthermore, the Supreme Court has ruled that elements such as set design, rules, and gameplay methods do not constitute applied arts eligible for copyright protection. Consequently, game show formats are not considered creative works protected under copyright law, allow competitors to imitate program formats without committing copyright infringement. Therefore, clearer guidelines for the intellectual property protection of game show formats should be established to ensure fair and effective protection for game show owners and creators.