Bit Parts

An article by Michael I. Rudell and Neil J. Rosini in the December 2012 issue of Entertainment Law & Finance discussed the difficulty in pursuing copyright infringement claims over reality TV shows (See, “Protecting Reality TV Formats a Tough Sell.”) But the U.S. District Court for the Northern District of Texas has found two reality TV shows about bass fishing may be substantially similar. Parker v. Outdoor Channel Holdings, 2-11-CV-00159. Ewell Parker alleged that the defendants' Ultimate Match Fishing infringed the copyrights in his multi-series Match Fishing programs. The defendants first argued that some components of Parker's shows were unprotectable scenes ' faire that would naturally be part of “sports competitions.” But denying the defendants' summary judgment motion, District Judge Mary Lou Robinson noted: “Although defining topics is not an exact science, 'sports competitions' is too broad a definition of the topic here.” Judge Robinson continued: “The original use in bass fishing competitions of elements common to other competitions might be protectable. ' Consequently, a more appropriate definition of Match Fishing's common topic is 'televised bass fishing competitions.'” The district judge went on to find that, though some of the elements of Parker's show ' such as tracking competitors' boats with a camera crew ' weren't protectable, for example: “Both shows are television programs that depict a contest (part of a larger tournament) between two bass fishermen who fish out of a single boat. A centerline in the boat, which imaginarily extends beyond the boat and across the water, delineates each fisherman's 'area.' ' Competitors alternate control of the boat, and control is determined by a pre-match coin toss.”

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