Game show segments

[TLEberle]

How does it work that some other show can do a game show segment (Calorie Card Sharks on The Chew, Password on Fallon, and so on) and not run afoul of any intellectual property issues? Or are they on the wrong side of the issue anyway and the rights-holder doesn't care?

[MSTieScott]

Perhaps they are getting permission first. When Jimmy Kimmel hosted "Modern Family Feud," it looked like the game software came directly from the production company.

[jjman920]

If it is classified under parody, would it be filed under fair-use (not entirely sure on the law in that area)?

If they do pay, maybe the cost is worth it since no version of Password and Card Sharks is currently on the air.

[nowhammies10]

It's definitely fair use.  The Chew is not looking to make its living off of Calorie Card Sharks and The Food Pyramid.

[dale_grass]

It's definitely fair use.  The Chew is not looking to make its living off of Calorie Card Sharks and The Food Pyramid.

You say 'definitely' yet here we all are wondering.

They're using the intellectual property of others, an action which has laws associated with it.  What percentage of profits are garnered from it is immaterial.

[rjaguar3]

It's definitely fair use.  The Chew is not looking to make its living off of Calorie Card Sharks and The Food Pyramid.

You say 'definitely' yet here we all are wondering.

They're using the intellectual property of others, an action which has laws associated with it.  What percentage of profits are garnered from it is immaterial.

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

(emphasis added)

[Matt Ottinger]

It seems to me that Food Card Sharks or even the more faithful recreations on Jimmy Fallon would be covered as "fair use" under the same general guidelines that allow Weird Al to have a career.  Further, I would think that Fremantle's lawyers have better things to do with their time.

I definitely think we shouldn't be throwing around the word "definitely".  (See what I did there?)

[Adam Nedeff]

The other issue to look at is whether it helps or harms the brand. Years ago, after the movie Muppet Treasure Island was released, Hormel filed a lawsuit over a character in the film named Spam. The judge threw out the lawsuit, basically saying "The film mentioned your brand name repeatedly for 90 minutes. They gave you a free commercial."

From a legal standpoint, that might come into play here. I would especially argue that "Password" has become a more valuable property for Fremantle in the past few years because of Jimmy Fallon.

[pacdude]

Further, I would think that Fremantle's lawyers have better things to do with their time.

They really don't. I know from experience.

[Bryce L.]

To add my two cents here, what exactly would Fremantle stand to gain by issuing C&D orders to Jimmy Fallon for his Password segments (to name one example)?

[clemon79]

To add my two cents here, what exactly would Fremantle stand to gain by issuing C&D orders to Jimmy Fallon for his Password segments (to name one example)?

Cory, you wanna tackle this one?

[pacdude]

"All of the Intellectual Property is the property of Fremantle, which has not authorized these uses on the Website or on any other websites. Fremantle considers that the reproduction, sale, licensing, distribution and exploitation of the Game, constitutes a flagrant infringement of Fremantle's intellectual property rights, causing loss and damage to Fremantle. The distribution of the Game also implies a relationship or support from Fremantle and dilutes our intellectual property rights and may interfere with Fremantle licensing relationships.

Although we appreciate your enthusiasm for Press Your Luck, the unauthorized use of the Intellectual Property is an infringement of the copyrights and trademarks of Fremantle. The remedies for these infringements include, inter alia, preliminary and permanent injunctive relief, actual or statutory “in lieu” damages, the recovery of all profits and an award of attorney’s fees and costs incurred in protecting its copyrights.  The remedies for trademark infringement and dilution include injunctive relief, treble damages, treble profits and an award of attorney’s fees."

[Bryce L.]

So basically they're saying you're cutting into their profits with your game? I don't see how that could be an issue, if you're not getting any financial gain from it yourself...

[Matt Ottinger]

So basically they're saying you're cutting into their profits with your game? I don't see how that could be an issue, if you're not getting any financial gain from it yourself...

Cutting into profits is one of many things they said in the nasty letter.  Still, the nasty letter is just the way Fremantle gets started.  They might be right about all those things, or they might not.  That would ultimately be for a judge to decide, if Cory wanted to spend untold thousands of dollars to fight them.

[jjman920]

So basically they're saying you're cutting into their profits with your game? I don't see how that could be an issue, if you're not getting any financial gain from it yourself...

Because if his game is better than whatever thing they're shilling on the Wii or DS, then people are going to play it for free instead of paying $30-$40 for their game. That's a no-no.

BigJon's Price is Right is far and away better, customization and details wise, than anything Fremantle has released in the last five years. I know that I wasn't interested in buying a Price game (until Decades) when I could play his game.