Reality Shows do not
follow fixed formats. They are not fixed but spontaneous or changeable. The
issue addressed by courts in Korea is whether a format of Reality show is a
copyright work such as "a dramatic work" under the Korean copyright
law.
On November 9, 2017, the Korean Supreme Court decided in SBS v. tvN case that the format
of TV Reality Show may be a copyright work and may be protected under Copyright
Law (case No. 2014 Da 49180). Lower courts denied copyright protection for the
format itself of TV Reality Show but the supreme court reversed.
The defendant asserted that
their show was a parody of the plaintiff’s program. And the lower court denied
copyright protection for the TV reality show format and addressed the case was
not a copyright infringement because the format of TV show is idea, not
specific expressions. The court stated that Reality shows mostly consist of
incidents, behaviors and conversations between the participants.
However, the Korean Supreme
Court reversed the lower court ruling and addressed that the TV reality show
format may be protected because the combination and arrangements of all
elements are expressions but not ‘ideas’ and that can be distinguished from old
formats, thus is an independent creative work. Even though each one of elements
is common and not original, the combination and order of all elements has creativity.
It is true even if the show contains elements of spontaneity and events that
change from episode to episode.
