Seven alleges copy of MKR bible obtained in Hot Plate case

The copyright case over My Kitchen Rules v Hot Plate has begun in Sydney.

Mumbrella reports, Seven’s lawyer Richard Lancaster SC today told Justice John Nicholas in the Federal Court that Nine has deliberately sought to imitate the format of My Kitchen Rules, and claimed production company Endemol had managed to obtain a copy of the MKR production “bible” for the show.

“MKR has been such a successful show and (Nine) will say that it is an original format but there is no specific denial that they were not aware of the format of the show”, Lancaster told the court.

“(They) are attacking the success of the show.

“Endemol has a copy of the production bible,” said Lancaster. “This is access to the literary work – the production bible.”

Counsel for Seven told the court despite Nine using restaurateurs, the show still used similar story techniques.

“The contestants or judges come to your domain and judge you, your food and the presentation of your food,” he said.

“A common element of the production are interviews interspersed within the episode … Making observations as to whether a disaster is imminent or whether it looks delicious.”

The court heard that Hot Plate’s use of “stereotype” couples from states creating a “interstate rivalry” were all elements taken from MKR, as was the scoring system by other contestants.

He added later: “(It’s) not just because the cheesecake didn’t work … it’s two people in a joint enterprise in a pressure environment that does or doesn’t work out”.

Lancaster also acknowledged the cost to Nine if it is forced to pull The Hot Plate off-air saying there is “no doubt” there have been expenses on an advertising campaign but that the TV network would find a replacement show for the prime 7.30pm weeknight slot.

“The network will go on, there will be a replacement program,” added Lancaster.

Nine also noted Seven had known about the impending show ever since it was first reported on TV Tonight in January.

Judge: what is @tvtonightau? McClintock: I presume that it is some sort of trade magazine…

— Nic Christensen (@nicchristensen) August 4, 2015

Nine and Endemol both declined to comment on the allegation they had obtained the MKR production bible.

UPDATE: Nine has since denied having any access to the MKR bible but said Endemol CEO Janeen Faithfull accessed the production document to check if there was a conflict of interest.

Nine’s lawyer Bruce McClintock SC said, “MKR features private people in their private homes while The Hotplate uses professional chefs in their professional environment of a restaurant.

“Their (format) is state based, ours is not. These reality TV shows evolve as they go.”

Justice Nicholas said he would be reluctantly forced to watch both programs.

“I won’t say I will gladly do it,” he said. “But I will do it if you ask me to.”

“I’m not going to make a snap decision,” he said reserving judgment until Thursday.

The case continues.

Source: Mumbrella, AAP, The Australian

This post updates.