Nine warns of ‘dire’ consequences if Seven wins court battle to take The Hotplate off-air
The Nine Network has claimed it faces “dire” consequences should a judge grant rivals Seven an injunction to stop it broadcasting reality cooking show The Hotplate.
This afternoon Justice John Nicolas reserved his judgement in Seven Network’s suit against Nine, in which it claims The Hotplate is a direct copy of its smash show My Kitchen Rule, declining to grant an injunction against either tonight or tomorrow night’s shows until he had been allowed to watch episodes of both MKR and The Hotplate.
Earlier Seven had claimed Endemol, which produces The Hotplate for Nine and is the international distributor for My Kitchen Rules, had accessed the production “bible” for the Seven show.
Nine’s lawyer Bruce McClintock SC sought to counter those claims telling the court Endemol’s CEO Janeen Faithfull had accessed the text only to check if there was a conflict of interest.
“The impact of an interlocutory injunction would be dire for my client,” said McClintock. “(Seven) have been aware since last last year that they were working on this format.”
“We have no access to the material of this program and we have no access to their ‘bible’,” he said, before acknowledging Faithfull’s affidavit said she accessed the production document to ensure Endemol could take on both reality cooking programs.
Challenged by Justice Nicholas on the differences in the shows Nine’s lawyer responded: “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.”
Nine told the court that were they to grant the injunction then that would have severe consequences for the TV network and its advertisers.
“There would be an enormous competitive advantage for Seven,” he said. “MKR is not on at the moment. Restaurant Revolution is on air at the moment and that is where viewers would go.
“There is a demographic that watches these shows, they are not the same that for example watch The Ashes, and there would be a benefit for Seven.”
Seven has scaled back its Restaurant Revolution show to two per week from four after a weak launch, while The Hotplate enjoyed a ratings boost last night.
McClintock’s comments came after Seven’s lawyer Richard Lancaster SC acknowledged the cost to Nine but said it would find a replacement show for the prime 7.30pm weeknight slot.
“The network will go on, there will be a replacement program,” said Lancaster.
Nine’s lawyer told the court that The Hotplate followed a number of other cooking shows, not just Seven’s MKR, including Masterchef, Come Dine with Me and Ready Steady Cook.
No one would describe (reality TV cooking shows) as eternal works of great literature,” he said.
Commenting on the similarities between MKR’s judges Manu Fieldel and Pete Evans with The Hotplate’s Scott Pickett and Tom Parker Bowles and the strict three hour timeframe for cooking McClintock said: “Who else can judge these programs but cooking professionals?
“While drama dictates that you cook against the clock. All of these programs have been derived from a realisation that there is a audience for these shows.”
Justice Nicholas challenged this saying: “It would be very hard for the creators of this program not to be influenced by My Kitchen Rules
McClintock responded: “They are professionals… but they would not try to replicate the program.”
“We substantially object that the program is substantially reproduced or reprocessed.”
Seven’s lawyer argued that each episode of The Hotplate that goes to air diminishes the value of MKR however, Justice Nicholas said he would not be rushed into making a decision, noting that he would be reluctantly forced to watch both programs.
“I won’t say I will gladly do it,” said Justice Nicholas. “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.
Nic Christensen
This reminds me of the seminal arthouse film, Coming To America. The particular scene is where Mr McDowell is explaining to Semi and Akeem how his burger, the Big Mic, differs to the McDonald’s burger, the Bic Mac.
What, you’ve never seen it? Shame on you:
http://www.youtube.com/watch?v=29wNCH4RBrk
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I didn’t think you could copyright an idea. It’s only if they use actual words from the other show or script. At least that’s how hollywood works.
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“Seven’s lawyer argued that each episode of The Hotplate that goes to air diminishes the value of MKR”
Every episode of MKR that goes to air diminishes the thought that the audience cares if it is original or not . It ia up to the Editor to make it good TV.
Same as “Restaurant Revolution” is supposed to be a new idea ? ahhhh can anyone say ” My Restaurant Rules ” revamped.
At least MasterChef Australia admits it is based on the UK original but format changed .
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Not to worry.. Dr Harry Craziest House Calls sure to be a winner for Seven tonight at 730pm
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“This afternoon Justice John Nicolas reserved his judgement…”
So the court case is over already?
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I’m just waiting for one of them to commission Monkey Tennis
http://www.buzzfeed.com/matthe......daLPZPZm8
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Hi The Magus,
This is the interlocutory hearing to determine if there is an injunction. If Seven are successful the case will be taken to trial with The Hotplate taken off air in the interim.
Cheers
Nic – Mumbrella
7 and 9 are like two 48 year old men with little penises , having had half a dozen coronas and pretending they might actually hit the other. But given they punch like 5 year old girls, they continue to resort to bluster and bravado
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incredible that channel 7 is accusing another channel of copying/ ripping of their idea….the irony!!
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Surely imitation is still the highest form of flattery. The entire industry is so full of flattery.
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