• In June 2003 the German Federal Supreme Court decided
that formats are generally not protectable according to German
[Decision of the German Federal Supreme Court of 26 June 2003
(I ZR 176/01), 2003 GRUR 876 = 2003 ZUM 771 - “Kinderquatsch
mit Michael” (Children’s Nonsense with Michael)].
• In February 2004, Dr.
Marc Heinkelein published a handbook entitled "Copyright
Protection for Creators of Television Shows and Television Show
Formats“ which comprehensively shows that copyright
protection for formats according to the principles of the German
Copyright Act goes much further than previously assumed by the
relevant court decisions and literature. The compelling arguments
which are clearly in favour of stronger protection of formats
can be applied to almost all systems of law. The book also contains
a practice-oriented catalogue of preventive measures which can
help format developers to protect their concepts.
The German edition
is currently available from Dr. Marc Heinkelein (under
his homepage www.entertainment-media-law.de)
or the NOMOS publishing house (ISBN: 3-8329-0560-X).
Please click here
to download (PDF Format)
- a general information
about the book
- a short description
of the book
• In May 2004, Dr. Marc Heinkelein and Christoph Fey (Managing
Director FRAPA) published an essay about “Format
Protection” in the law magazine GRUR Int. [GRUR
Int. 5/2004 378; ISSN: 0435-8600], which contains a short summary
of the crucial starting points and arguments for stronger format
protection (explained in detail in Heinkelein’s handbook)
and additional to that comprehensively shows, that the issued
decision by the German Federal Supreme Court, rejecting format
protection, is self-contradictory to a high degree and untenable
in its reasoning.
The English version of the essay together with a postscript regarding
a “Comparative Perspective” by Dr. Christopher Heath
will be published soon.