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Seven alleges copy of MKR bible obtained in Hot Plate case

Updated: Seven alleges Hot Plate has drawn upon the MKR bible -and a judge asks about a certain TV blog....

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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.

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.

44 Responses

  1. What is the endgame of running parallel schedules and identikit shows? They are driving their already annoyed and disillusioned audiences further away. Can this market sustain both 7 and 9 when there is no point of difference?

  2. “Your Honour, our submission will prove beyond a shadow of doubt that the defendent’s use of hackneyed bitchy stereotypes, manipulated interstate rivalry, and manufactured drama is a direct copy of our format. Moreover, we will attempt to prove that one of their bland judges was cloned using a denatured DNA sample of one of our bland judges, while their other bland judge is a foreign-made robot – with ties to a caste of hereditary overlords – that has been programmed to emulate the Leader of the Opposition.

    Finally, we shall prove that their programming tactics have directly contributed to the rapidly-declining ratings of our current show, “My Kitchen’s A Donga”.”

  3. I just read a piece on the ABC news site from The Drum…about this…
    I have little interest in the story….but the comments are really interesting…
    What I really want to know…has someone sent the Judge a link to this site… 🙂

  5. The Block, hosted by a chirpy lifestyle TV personality, where couples ( must include a Shazza and Dazza for the bogans watching ) battle other bogan couples to renovate homes ( to thumping pop music tracks and frenzied visits to sponsors stores driving sponsors cars) and are scored by 2 judges – one a designer and one a magazine editor. House Rules, hosted by a chirpy lifestyle TV personality, where couples ( must include a Shazza and a Dazza for the bogans watching ) battle other bogan couples to renovate homes ( ditto pop music, sponsors stores and sponsors cars ) and are scored by 2 judges – one a designer and one a magazine editor….Hmmm. No similarities here officer, but there are other tweaks in the formats as there are in RR and Hotplate…
    Then kiddies, remember that long, long ago in a country not so far away there was an original ( look that word up ) format called…

  6. MKR just a fusion of come dine with me and masterchef which is owned by BBC. It would be a complete waste of time and money suing and countersuing for copycat programmes when its clear that networks do it all the time. Channel 7 are just sore losers as they went head to head with hot plate and lost. I actually think the casting department at hotplate should be congratulated as if it wasn’t for Christina and Liam being such bitches the show would not be watchable. I only hope they don’t start being nice to each other now

  7. Am actually enjoying Hotplate much better than MKR, has Ch 7 forgotten how much they’ve copied 9? First it was ‘The Block’ oh then 7 thought they’d have ‘House Rules’ then there’s ‘A Current Affair’ then 7 decided to have ‘Today Tonight’ then there’s ’60minutes’ then Ch 7 decided to have ‘Sunday Night’- who’s the copy cat now? MKR feels so scripted, the cast on Hotplate are all really cool Christina the Italian lady is my favorite hehe 🙂 Ch 9 do such a better job.

          1. If you think ratings over 700k are atrocious then you have no idea about ratings!

  8. I think that seven are doing the right thing with Hotplate, the similarities are absolutely true and nine again are jumping on the bandwagon that MKR has a good following, all channels try to copy each other with reality programmes but this cooking show is basically a carbon copy, apart from one being in peoples homes and one being in a restaurant, the rest of the format are the same, this is typical of nine though, and has been for years, to say that they were one the best channel on TV a few years ago they certainly are not helping themselves by taking other channels ideas, please nine get yourself back on track and have your own ideas.

    1. 9’s whole plan with this show was to undermine the success of MKR, which they have never been able to compete with. The end result would be to damage the brand. They have always played dirty and this is no different.

  9. For me, all I am taking away from this article is this:

    “Justice Nicholas said he would be reluctantly forced to watch both programs.
    “I won’t say I will gladly do it,” he said…”

    This was a great laugh and I am thinking I like this judge 😀

    1. Did make me snigger though have to wonder whether it’s fair for a judge with no interest in either show or perhaps television to judge on TV related matters. Obviously Nine wouldn’t see it as fair should a judge who is a viewer of MKR judge on preceedings, but in a case like this I think you have to be familar with the shows concerned, not just watch a couple of episodes.

  11. “The MKR production Bible”? All Nine needed to do was tape a few episodes of MKR, examine them and create an exact replica. That’s what Steve Vizard did when he visited New York in the late ’80s, saw the David Letterman show on the TV in his hotel room, taped a few episodes and returned to Australia to pitch the idea to Seven as Tonight Live.

  13. I’m glad there is no copyright on the word bible, otherwise God is going to sue their asses. I hate frivolous court cases like this, it makes a mockery out of the court system.

      1. I disagree. The court system is already clogged with real cases. As long as the show has one point of difference then it doesn’t break copyright. Otherwise every show would be headed to court.

          1. The tricky thing is should people have the right to make that point of difference and exploit a gap in the market. Many businesses evolve from people observing other businesses and spotting a gap in the market or something they could do better and then taking on that idea as their own.

            TV is always tricky but as you say in another post here if it looks like a rip off then it probably is. Big Brother is one show which has been much copied over the last 15 years but Endemol have only shut down two that I know of – The Glass House in the US (settled out of court, and not until ABC had axed it anyway) and Dilemme in France. Glass House was very reminiscent of the Big Brother international viewers know, while Dilemme was essentially Big Brother with the added twist of dilemmas the HMs had to face to win cash, something which often happens in the show either. Both shows had one thing…

  15. In years to come there will be an absolute over supply of “couples” who have taken part in these reality shows – maybe they can all get together on a show called “My Reality Show Rules”.

  16. I don’t think any of the networks realise just how badly they are damaging their brand with all this trying to outdo each other rubbish and serving up so much reality tv. Our family has pretty much stopped watching free to air because of the wall-to-wall reality. Drama will always be attractive to an audience, the networks just have to invest time, money and creativity in it and they will be rewarded. Having had a lot to do with networks via working in drama, it seems they don’t really understand it. It scares them, so they retreat to the dumb down version of entertainment ie reality.

  17. Look copycat stuff has been done in the past and both networks are guilty of it but this show in particular is so so similar to MKR right now its ridiculous. Even the judge is a Manu look a like. I hope Seven wins just so it sets a precedence for the future and the networks take notice. Time to invest in original ideas not rip off ones. How about more drama or comedy instead? We need good Aussie content but not rip off reality shows.

  18. The bible is a copyrighted text and if they can prove Nine used material from that that is the easiest way to get a copyright violation upheld. If Nine/Endemol’s staff haven’t seen the bible then they can’t have copied from it. Otherwise Seven will have to prove that Nine has copied not just ideas common to contest shows found in MKR but a substantial and unique combination of details of the show.

    Passing Off was mentioned but that involves tricking the viewing into watching the wrong show. Hardly likely to succeed unless Nine called it My Kooking Rules and advertised it with a similar logo.

    Today Seven need to show enough ongoing damages from a violation to get an injunction to have Hot Plate banned from being broadcast (rather than claiming damages afterwards).

  19. before all of the ‘pot kettle’ type comments flood in. If 7 does not win this it would send a terrible precedent for Australian tv, and make an absolute mockery of copyright laws.

    I see a lot of the newspapers have sided with 9 saying 7 did the same in making House Rules after the block, X factor after Idol and MKR after Masterchef. I dont think it is the same case at all, being in the same sub-genre of cooking/singing/renovating is not the same as replicating the format, music, graphics, promos, judging, and storytelling of another show. house rules and the block are chalk and cheese in comparison.

    I think all the 7 lawyers need to do is show a side by side scene of the contestants bringing out their dishes. “entre is served”, closeup of dish rotating, reverse cymbal sound effect, description in a side panel/ plates put down in front of the judges. it is a scene by scene…

    1. Don’t forget My Restaurant Rules came before Masterchef (in Oz at least)! X factor and Idol are international concepts and House Rules was a spin on MKR ?

    2. Well said Mr. J. You’re absolutely right. This is not just “another cooking show” being shoved into the genre but a total frame-for-frame copy.
      I mean have a look at the Hotplate facebook page. The graphics etc. You’d swear you were on MKR’s fb. It’s ridiculous how much they’re stealing.
      I’m sure 7’s lawyers will be drawing attention to the things you said like the “dish rotating” etc, but unfortunately I know law in this area is very hard to win. For what it’s worth though I think 7 do deserve to.

  20. Nine and Endemol need to be held accountable for copyright infringement. This case will set a precedent for the entire industry. Copyright needs to be protected.

    1. Actually, 7 used “Today” first, then cancelled the show, 9 started a breakfast show when 10 started GMA. 9 tried to use GMA but 10 fought them and won. 9 then used…well, see below-

      (7) 7am Today
      (9) 7am The Super Flying Fun Show
      (0) 7am Fredd Bear’s Breakfast A-Go-Go

      (7) 7am Challenge Of The Machine Men
      (9) 7am Today
      (10) 7am Good Morning Australia

  24. I’m sure Channel Nine could screen the court case if it were to be ordered to stop showing The Hotplate… It is simply a carbon copy… rude contestants, six teams, two male judges critiquing the food. And may I say some of the worst food I have ever seen in a cooking competition. I wish the networks with invest much more into drama and comedy than more and more copy-like reality shows that are now, in this period of television, plummeting before our eyes.

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