Spanish TV Station Sued Over Breach of Copywrite

 

Earlier this year the Commercial Court of Madrid sentenced Spanish TV Station, Telecinco, to pay €60,000 in compensation to state-owned RTVE. Telecinco'a programme "España pregunta, Belén responde" ("Spain asks, Belén answers") is a duplication of the well-known TV format "Tengo una pregunta para usted" ("I have a question for you"), of which RTVE has the sole license for Spain.

"I have a question for you" was a high-brow programme where politicians were invited to sit on the panel and citizens were given the opportunity to ask them questions. On the other hand, with the programme "Spain asks, Belén answers", instead of various politicians offering answers and opinions, it is the popular TV and magazine personality, Belen Esteban, who is questioned.

The Court confirmed that a TV format is a protected under the Spanish Intellectual Property Law, in the same way that screenplays of audiovisual works are protected. According to the Court, the key issue was to be able to show that the TV format is a complex creative work, which is more than a mere idea or a general conception.

The Court found that there was infringement of intellectual property rights through the copying and public exploitation of the TV format which RTVE had themselves purchased from a French television company, and estimated financial damages to be around €20,000. Given that the programme was re-transmitted, broadcasted three times on private channels, posted on Telecinco's website and commented on in other programs of Telecinco and other media, the Court ordered the payment of €40,000 in moral damages for RTVE's loss of reputation and the obstruction of its normal activities.