1. Legal Workshops for Filmmakers:
Reality TV Law 101
Presented by:
Deborah Gonzalez, Esq.
2. DISCLAIMER
This presentation is for educational purposes
only and does not constitute legal advice. It
is recommended that you seek legal counsel
for specific matters.
2
3. Overview
This two-hour session focuses on legal
nuances of reality TV shows – from idea
submission and pitching agreements to
participant waivers and contingency
agreements, as well as digital streaming and
social media legal concerns, the FCC, crisis
management, and more.
4. What is a Reality TV show?
A genre of television programming that
documents unscripted situations and
actual occurrences, and often features a
previously unknown cast.
5. What is a Reality TV show?
Television programs in which real people
are continuously filmed, designed to be
entertaining rather than informative.
6. What is a Reality TV show?
Highlights:
Personal drama and high conflict
Controversy
Participant Confessionals
Competition Shows
Transformation Shows
Court TV
10. Who watches Reality TV shows?
TODAY.com poll of 19,000 people in 2012:
Those who watch RTV consider themselves more
extroverted, more neurotic, and have lower self esteem
than non-fans.
Makes them feel better about their own lives – not as
bad as what they are watching on TV.
Private-watching (secret pleasure)
17. Players
Editors/Directors:
Really unscripted?
Frankenbiting – taking footage and conversations
out of context
Obnoxious for popularity – playing for the
cameras & the audience
Creating Conlfict
Dressing it up (make-overs)
18. Formats $$
First Run
Pilots
Syndication/Re-runs
Network Affiliation Agreements
Market = Advertising Dollars $$
19. Copyrights
What is copyright?
Copyright is a form of protection grounded in the
U.S. Constitution and granted by law for original
works of authorship fixed in a tangible medium of
expression. Copyright covers both published and
unpublished works.
US Copyright Office: Circular 44 Cartoons and
Comic Strips
http://www.copyright.gov/circs/circ44.pdf
20. Copyrights
Bundle of Rights
Right to Reproduce the Work
Right to Derivative Works
Right to Distribution
Public Display Right
Public Performance Right
22. Idea Submissions
Two types of cases:
Circumstances that must exist in order for a contract
or confidential relationship to exist between the
person who submits the idea and the person to
whom it is submitted to.
Once that relationship is found, the characteristics of
an idea must have in order to be protected.
23. Summary of
CA Law
Copyright vs Idea Submission Article (1998)
http://www.kgmslaw.com/kulikart2.html
List of elements:
There must be an idea
The idea must be offered for sale
The person receiving the idea must reasonably understand
that P expects to be compensated if his idea is used
The D must have actually used the idea
No independent creation
24. Ghost Hunters
Montz v Pilgrim Films & Television, Inc. 2011 US Ap LEXIS 9099
(9th Cir. May 4, 2011)
Key notes: Pre-emption not a problem; damages can include
profit splitting.
25. Copycat Shows
Only certain elements of a reality tv show are
copyrightable – not the idea.
The Glass House vs. Big Brother
26. Trademarks
Words or symbols used to identify a source in
commerce.
In today’s world related to
branding/sponsors/advertising.
Infringement occurs if and when customers are
confused between the two marks because they are too
similar.
Use only with permission unless falls into slim “fair use”
exception.
27. Legal Concerns
Defamation
Publicity Rights
Guests Who Just Show Up
Duty of Care
Safety & wellbeing of participants, guests, and by-standers
Are producers liable for stupid and dangerous things
their participants do – like drive drunk?
Negligence
Can you film illegal activities?
29. Pitching
Idea/Concept
Inquiry Letter
Pitch
Logline
Synopsis
Treatment
Pitch Festivals
The Great American Pitchfest
PitchCon (Napte)
30. Agreements
Writer’s Guild Basic Agreement
Development Agreement
Locks the writer in for a specific amount of time and/or
a specific number of series.
Minimum annual payment
Provides offices, studio facilities
Development Fund
Other essential services
31. Agreements
Creator Agreement/Credit
Participant Contract
Locks the writer in for a specific amount of time and/or
a specific number of series.
Background checks (foreseeability of trouble)
Unconscionable?
Free Will
Informed Consent/Decisions
32. Ratings Game
Within key demographics
Nielsen Company:
http://www.nielsen.com/us/en.html
http://www.nielsen.com/us/en/measurement/television-measurement.
html
Reality TV Stats Reporting:
http://www.realitytvworld.com/index/articles/newssectio
n.php?x=%7C%7C2
33. Insurance
General insurance for theft, damage, injury to cast
members
Workers compensation insurance
Weather insurance
Foreign Insurance
Aircraft and water insurance
Errors and Omissions insurance for producers
37. FCC
Federal Communications Commission
• Communications Act of 1934
• Rule-making (ex. Regulates rates)
• Licensing
• Broadcast Licenses must be renewed every 5
to 10 years
• Cable Systems are not licensed
39. Resources
Reality TV Reading List
http://anhoward.wordpress.com/works-cited/
Reality TV (History & Truth) Inforgraphic
http://blog.mapsofworld.com/tag/reality-television-statistics/
40. Contact
Deborah Gonzalez, Esq.
The Law Office of Deborah Gonzalez,
Esq., LLC
IP: Art, Music, Entertainment, Digital
Atlanta – New York
www.dgonzalezesq.com
dgartlaw@att.net
Twitter: @dg_iplaw