Legal Issues

by Mike Masnick


Filed Under:
ideas, racketeering, tv shows

Companies:
bbc, nbc, travel channel



NBC, BBC, Travel Channel: Not Guilty Of Racketeering For Asking People About Ideas For TV Shows

from the ownership-culture dept

When you go around preaching the concept that ideas can be "owned," you're just asking for a lawsuit when you then ask people to voluntarily submit their own ideas. At some point, the Travel Channel put up a website, asking viewers for ideas for new shows. I'm sort of surprised they would do this, seeing as they must have known what would happen next. Some guy submitted an idea that probably a dozen or more people submitted: do a reality show on a family driving around the country in an RV. And, when the Travel Channel, along with NBC and the BBC announced a show called "The Great American Road Trip," the guy Christopher Cardillo insisted it was his idea that was being taken unfairly. So he sued for both copyright infringement and racketeering.

Of course, you can't copyright ideas and Cardillo had never actually registered the copyright on the proposal itself anyway, so there was no copyright claim. And, now the court has also tossed out the ridiculous racketeering charge. The idea that setting up a website to solicit show ideas is akin racketeering seems to be a bigger stretch than even some of the most ridiculous lawsuits we see on a daily basis.
While it's good that the court dismissed this, I'm amazed at a few things. First, on the copyright issue, the court notes "plaintiffs' failure to register their idea is fatal to their copyright claim." But, um, shouldn't the court know that you can't copyright an idea? While it gets the results right, the reasoning is weird.

Similarly, on the racketeering issue, the court spends a lot of time focusing on how there's no pattern of racketeering from a single incident, but it's not clear that there was even a single incident that is in any way illegal. The idea of doing a reality show of people traveling in RVs around the country is hardly unique, and the actual show is quite different than what Cardillo proposed anyway (his involved just his family driving from the US to South America -- the real show involves a bunch of families around the country involved in a contest).

Still, in the end, it's surprising that in a TV industry made up of folks who keep insisting that ideas can be "owned," that anyone would ever bother to put up a website asking for show ideas, and not expect to get sued.

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  1. icon
    Avatar28 (profile), 7 Oct 2010 @ 7:35pm

    Re: This surprises me too

    I might be misunderstanding but I believe that if your copyright is not registered, you lose the ability to sue over it (at least for monetary damages).

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