Inspired or infringing? IP in the film and TV industry

Inspired or infringing? How film & TV creators can stay on the right side of IP law

You have a great idea for a series. Before you pitch or shoot, make sure your story, title, branding, music, and real-world elements do not put the project – or your budget – at risk.

Why copyright matters in film & TV
In the world of film and television, copyright is what keeps the creative industry running. Every script, every frame, every note of music represents creative labour and financial investment. Copyright law ensures that creators, studios, and investors can protect that work, control how it is used, and hopefully earn a good return on their efforts.

Without copyright, anyone could copy a script, reshoot a scene, or stream a finished episode without permission. Copyright gives creators legal control over how their work is shared, changed, or shown to the public – rights that are essential for licensing deals, distribution agreements, and global streaming platforms.

Can you copyright an idea?
Spoiler: you can’t copyright “A detective solves crimes with a quirky sidekick” or “A reality show where people pretend not to be interested in each other”.

You can only protect the way an idea is expressed, assuming the work is:

  • Original (created through your own skill and judgment);
  • Captured (for example, on the page, in audio, or on video), and
  • Created by a qualifying author (e.g., an individual resident in the UK or first published in the UK).

That’s why multiple shows can explore the same concept – like a bank robbery (Hustle, The Great Train Robbery), a romantic competition (Love Island, Ex on the Beach), or a survival setup (The Island with Bear Grylls, Survivor UK) – without legal issues.

What is likely to be protectable under copyright law includes:

  • The actual script;
  • Developed characters;
  • Dialogue and scenes;
  • Filmed visuals and images;
  • Original music and soundtrack.

Inspired vs infringing: the thin line between homage and a cease-and-desist letter
In creative industries, inspiration is inevitable. Every writer, director, and producer draws on what has come before – familiar themes, recurring storylines, and cultural or historical influences. That’s a good thing – it drives fresh stories and new perspectives.

Spoiler: However, if your script reads like a scene-for-scene remake of Notting Hill, you might be heading for a legal romcom drama of your own.

Legal issues typically arise when “inspired by” drifts into “copied from”. A general way for creators to look at it:

Inspired: You take a familiar premise (a survival game show) and create your own characters, tone, and structure. While the concept may echo existing formats, your execution is unique, transformative, and recognisably yours.

Infringing: You copy dialogue, replicate unique characters, or mimic the exact sequence of scenes from an existing show. Even using a song, video clip, or artwork without proper permission can constitute infringement – even if only a short excerpt is used.

Although this is a complex area of law, UK copyright includes limited “fair dealing” exceptions – for purposes such as criticism or review, reporting current events, quotation, parody, and non-commercial research or teaching. These are limited in scope and context specific. They generally do not cover commercial entertainment uses, which means that in most cases, if you are producing content for film or TV, you will need permission (a licence) to use significant parts of someone else’s content.

For most indie creators, formal legal advice at the idea stage is rare – but if your project is based on real events, borrows heavily from an existing format, or uses third-party content (music, clips, brands), it’s worth getting a quick consultation with an intellectual property lawyer.

Trade marks: risks + rewards for film & TV creators
Trade marks are a powerful tool for protecting your brand and unlocking revenue. Here’s why they matter – and what to watch out for:

Titles, characters, logos, and phrases

Film and TV titles are usually too short to qualify for copyright protection. That’s why studios rely on trade marks to secure their most valuable assets. Iconic film names like Star Wars or Harry Potter are registered as trade marks to prevent others from using them. The same applies to distinctive character names (James Bond), logos (such as the Jurassic Park T-Rex), and even famous catchphrases like “May the Force be with you”.

Avoid legal risks—look at clearance early

Creators should consider trade marks at an early stage – before titles, logos, or other branding are locked in. Using identical or confusingly similar third-party trade marks without permission can lead to infringement claims. This includes:

  • Titles that echo existing franchises (Game of Crowns vs Game of Thrones);
  • Logos or fonts that mimic a well-known brand;
  • Props or set dressing featuring real-world brands in a way that suggests endorsement or damages reputation.

Even if you didn’t intend to mislead, trade mark laws often focus on whether the public might confuse your work with someone else’s or believe you’re connected to the brand owner. A quick legal check early on can help ensure you’re not stepping on anyone’s toes.

Trade marks build value
Trade marks aren’t just about avoiding legal disputes – they’re about building value. An officially protected brand name or logo:

  • Unlocks multiple revenue streams through merchandise, theme parks, and sponsorships;
  • Strengthens your brand for sequels, spin-offs, and global distribution;
  • Makes it easier to take action if someone tries to copy or misuse your work.

Practical checklist: rights clearance process
If you’re developing a film or TV project, here are key things to keep in mind before you pitch or shoot:

Titles and branding

  • Is your title unique enough to stand out?
  • Could it be confused with an existing show or franchise?
  • Would registering a trade mark help protect your brand?

Script and story elements

  • Are you using real names, brands, or quotes?
  • Does your story draw heavily from an existing format or real events?
  • Could any scenes raise privacy or defamation concerns?

Music and sound

  • Do you know what rights you need for any tracks you plan to use?
  • Do you have a backup plan if licensing a popular song is too costly?

Visual details

  • What appears on screen—artwork, logos, signage?
  • Do you need permission, or should you replace or blur certain items?

Third-party material

  • Are you using clips, images, or other content you don’t own?
  • If so, do you have permission, or does a narrow exception apply?

Documentation and delivery

  • Are you keeping a record of permissions and clearances?
  • Distributors and insurers will likely expect this before release.

Having a checklist is a great start – but for creators serious about protecting their work, compiling or consulting a “copyright bible” can be a game-changer. It helps ensure that:

  • The project is legally clear for distribution and insurance
  • All creative elements are properly licensed or original
  • Risks of infringement, defamation, or privacy violations are minimised
  • The production team has a shared understanding of IP boundaries

Final thoughts: keep IP on your radar
Developing a great idea for film or TV is exciting – but protecting the expression of that idea and avoiding legal pitfalls is just as important. Copyright and trade marks aren’t there to stifle creativity; they exist to safeguard it and help you build long-term value in your work.

What should creators keep in mind

You cannot typically protect a bare idea, short titles and taglines (via copyright), facts, or general themes. Think about originality early – make your expression unique.

Don’t copy someone else’s creative expression – scripts, dialogue, characters, songs, video clips, artwork, or distinctive scenes – without permission.

Consider titles, characters, logos, and phrases as business assets early in the development process – not as an afterthought.

Securing trade mark clearance and protection upfront helps you avoid costly disputes, ensures your project is distributable, and unlocks long-term value through licensing, merchandising, and brand extensions.

Document your process – clearance isn’t just paperwork; it’s essential for distribution, insurance, and avoiding costly delays.

A little planning now can save a lot of cost and stress later – and help your project reach the widest possible audience without legal roadblocks.

For more information on protecting your IP while working in the film, media and creative sectors, please contact the author or your usual Barker Brettell trade mark attorney.

This article was originally commissioned by The Chartered Institute of Trade Mark Attorneys to feature in CITMA’s ‘Importance of IP in film and TV‘ campaign.

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