Today’s multi-billion-dollar global formats industry is founded on the assumption that intellectual property (IP) rights exist. Unfortunately, the law doesn’t always agree. Too many judges in too many jurisdictions still maintain that formats are generic programme ideas as opposed to original creative works — and ideas, as everybody knows, cannot be protected by copyright law. Even in jurisdictions with ‘format-friendly’ legislation, copyright-infringement cases routinely fail.

Against this backdrop, format theft continues to be a threat to the very existence of the formats industry. The commercial strength of our business depends on our capacity to protect our product. What, after all, are the rights to a TV format worth if they cannot be reliably protected against unlicensed copying?

While the courts continue to deny the existence of formats, FRAPA will continue to fight for their recognition and protection by:

• Lobby for the greater legal recognition and protection of formats
• Advising members on their rights and recourses when their IP is threatened
• Promoting good business practices in line with FRAPA’s Code of Conduct
• Researching the economic power of formats and celebrating their creative impact
• Fostering a culture of trust and friendship among all those involved in the international trade in formats.

Declaration of Cooperation

In 2018 it became more and more apparent that the issue of format free trade was under attack. Increasingly, it seems that the global exchange of intellectual property has become weaponized in a larger cultural trade war that threatens our entire industry. Where once you could share drinks and create commerce with friends and strangers in markets large and small, political tensions, conflicting ideologies and overt nationalism has changed the landscape. We see countries intent on expanding their own culture while outright banning others. There is only selling and no buying.

We asked Reed Midem to address this situation at one of their next MIP conference, and to offer a platform for the wider industry to discuss this issue. We hope to share more information on this soon. Meanwhile, to underline our position, the FRAPA General Board has agreed to publish its DECLARATION OF COOPERATION, written by co-chairman Phil Gurin. This document is meant for every stakeholder in the format industry, not just FRAPA members. It attempts to clearly state the principals we hold dear and valuable, and should be passed around to all who share our mission.

The FRAPA Declaration of Cooperation in 15 different languages