ABC blasted for format memo
Org raises concerns over studio's directive
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Lyle, who is also a founder and steering committee member of format owners org Frapa, made his comments Thursday in response to a leaked ABC Studios memo that asks producers to check with the studio before acquiring international formats.
While the memo, which is signed by Howard Davine, executive VP of ABC Studios, first surfaced on the blog Deadline Hollywood Daily in June, it's only been in the past week that overseas producers and trade orgs have begun to voice their concerns over its content.
"If ABC and Disney refuse to repudiate the contents of the Davine memo, then producers in both the U.S. and around the world might note their silence and help themselves to the 'underlying premise' of 'Hannah Montana,' " Lyle said.
"Producers might even be persuaded by Mr. Davine's memo to be inspired by the 'general underlying premise' of a well-known Disney cartoon character," he added. "In the spirit of the memo, the rip-off rodent might be called Tricky Mouse."
Lyle's comments were included in a sternly worded statement issued by Frapa.
The Cologne-based org, which was set up in 2000 to protect TV formats from being ripped off by unscrupulous producers and broadcasters, has branded Davine's memo as "unacceptable both creatively and commercially."
The memo urges showrunners and executive producers to "carefully scrutinize" whether licensing foreign formats "is necessary or appropriate."
"Often-times what is appealing in the format may be nothing more than a general underlying premise, which, in and of itself, may be no reason to license the underlying property," it argues.
It also warns producers that the involvement of foreign producers might add "an unnecessary layer to the creative process" and points to other downsides, such as the "significant costs" of format fees and exec production fees.
"Let me assure you that we continue to be actively, competitively and aggressively engaged in developing product based on foreign formats and our decision whether or not to get into negotiations will be premised purely on creative need and our legal analysis as to whether underlying rights are required," it concludes.
Frapa argues that this effectively gives permission to ABC's producers to copy "the underlying premise" of a show without licensing the format.
"Frapa and the international TV production industry have waited in vain for ABC and/or Disney to respond to Howard Davine's memo," said the org.
"In Frapa's view, the Davine memo can be seen to be encouraging ABC producers and showrunners not to license formats honestly. If this is found to be the case, Frapa will do everything in its power to help protect the property of its members in the international creative community."
Not all in the format industry share Frapa's views, though.
While foreign producers have been reluctant to go on the record to criticize ABC, several that Daily Variety has spoken to said they were not overly concerned by Davine's comments (even if they were surprised by his decision to put them down on paper). A few even said the memo makes some valid points.
"I think ABC is just being really sensible," said one exec at a prominent U.K. format outfit.
Another distributor pointed out that most producers are pitching directly to ABC network execs, rather than the studio, so it was unlikely to have an impact. And unlike Fox, which has often been accused of rushing copycat skeins onto the air, ABC enjoys a good reputation in the formats biz.
However, one British exec who wished to remain unidentified, suggested that the fall-out from the memo might well change that.
"I don't think it does ABC any good in the marketplace," the exec told Daily Variety. "They might not get first look at the best product."
Such an outcome could be potentially damaging for the net, which has enjoyed considerable ratings success with U.K. formats, including "Supernanny," "Wife Swap" and "Dancing With the Stars."
With British producers enjoying such international success with reality and scripted formats, though, it's perhaps not surprising that a studio like ABC is encouraging its producers to devise more hits of their own. Those projects originated inhouse can then be exploited around the world.
As one Brit puts it: "The underlying sentiment is they're fed up of paying out and making other people rich."
