This session, prepared for the ATL Film Festival, outlines the legal issues related to producing Reality television shows.

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

7. What is your favorite Reality TV
show?

8. Reality TV is part of our pop culture

9. Reality TV Statistics

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)

11. Why do they watch?

12. How do they feel about RTV?

13. Infographic Reference
 MapsofWorld.com
http://blog.mapsofworld.com/tag/reality-television-
statistics/

14. Players
 Television Studios (BBC, Paramount, Warner,
Disney)
 Production Companies (Muse Entertainment,
MPH,GRBTV, Pie Town, Intuitive Ent., Lyons Ent.,
plus many more )
 Broadcast Networks (ABC, CBS, Fox, AMC, FX)
 Cable/Satellite Networks (Discovery, TLC, HGTV,
Bravo, HBO, Showtime)
 Distributors (Electus, Oxygen, TLC, UPN, Rive
Gauch)

15. Players
 Streaming Networks (Netflix, Hulu, Amazon
Prime)
 On Demand/Pay Per View
 DVD Rentals (Red Box)
 Online (YouTube, Facebook, etc.)
 High Definition – HDTV
 3-D TV

16.  Creators
 Directors
 Producers
 Screen writers
 Showrunners
Players
 Actors (Managers, Agents, etc.)
 Cross-Overs
 Casting Directors
 Music/Art Directors/Supervisors

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

21. Copyrights

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?

28. Ethical Concerns
Are there any?

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

34. International Markets
 Reverse Engineering of Shows- Cultural
Adaptation

35. International Markets
http://www.smithsonianmag.com/
arts-culture/Meet-Sesame-Streets-
Global-Cast-of-
Characters.html?c=y&page=1&navi
gation=previous#IMAGES

36. Ancillary Markets
• Home videos/DVD
• Soundtracks
• Books
• Merchandise
• Collectibles

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

38. Indecency
http://www.christianpost.com/news/supreme-court-case-fcc-
v-fox-tv-divides-social-conservatives-libertarians-61966/

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