You ripped off our 'Survivor,' oh, yes you did

By Elizabeth White

     The next big thing in reality television appears to be real-life courtroom combat, and may the best pinstripes win. 
     To date, CBS's "Survivor" reality series is tops in ratings and also tops in the number of lawsuits that have been filed over it.
      Now we have another one, this filed by CBS and Survivor Productions against Fox Broadcasting and LMNO Productions, which produces Fox’s new reality series "Boot Camp," which debuted on March 28.
    The beef: copyright infringement. 
    The suit says "Boot Camp" is a direct and blatant rip-off of "Survivor."
     Both shows portray real people performing tasks as a team. On both, contestants are voted off by their fellow contestants, and those who remain stand to win big cash prizes.
    CBS contends that it was first to introduce these elements and that by employing them "Boot Camp," Fox and LMNO are illegally copping what rightfully belongs to CBS. 
    Specifically, the complaint says that "Boot Camp" has illegally copied the episode-concluding elimination ceremony, the idea of immunity from elimination (or amnesty, as it’s called in "Boot Camp")  and the technique of weaving contestant interviews into the format of the show.
    By doing so, the complaint contends, "Boot Camp" is "diluting the unique value of plaintiffs’ ‘Survivor’ programming."
    Fox's official response to the court filing: "We believe this is a frivolous lawsuit." A statement from the network says the two shows are in fact quite different.
    Fox's unofficial response is a hearty snort.
    Media folks tend to snort in agreement.
    "I think they are full of it," says Jamie Rhind, media director at Avrett, Free & Ginsberg, of the plaintiffs.
      Rhind argues that similarities are common on television, especially among shows with comparable formats. 
    "Look at the similarities between ‘The Tonight Show’ and Letterman. They both start with monologues and they both have a band, but that’s not a reason to sue."
    Justin Poe, group media director at GSD&M, agrees.
    "I come from the imitation-is-the-sincerest-form-of-flattery school," he says. "And there’s only so much you can do with reality TV. Just witness the similarities between NBC’s ‘The Weakest Link’ and ABC’s ‘Who Wants to be a Millionaire.’"
    Analysts says they are also a little surprised at the complaint, considering that "Boot Camp" isn’t generating ratings anywhere close to those of "Survivor."
    Last week, "Boot Camp" attracted less than half the audience of "Survivor." "Boot Camp" had 12.4 million viewers and a 6.1, adult 18-49 rating, 45 percent and 52 percent, respectively, of "Survivor’s" numbers the following night.
     And while "Boot Camp" couldn’t manage to win its time slot in either households or adults 18-49, "Survivor" was the highest rated show last week, with 27.7 million viewers and an 11.7, adult 18-49 rating.
    Many think that the ensuing publicity over the lawsuit can only help "Boot Camp’s" ratings.
    "If anything, this is going to help ‘Boot Camp,’" says Brad Adgate, senior vice president and corporate research director at Horizon Media.
    "It’s putting ‘Boot Camp’ on the same platform as ‘Survivor,’ and that’s not the case, ratings-wise. I don’t understand the motive on it."
    The CBS complaint contends that executive producer and director of "Boot Camp" Scott Messick used confidential information he gained as a supervising producer of the first "Survivor" in creating the look and feel of "Boot Camp." 
    Messick is named as a defendant in the suit.
     CBS also claims that the show was originally pitched to the network as a show that would capitalize on the success of "Survivor." After CBS passed, the defendants retooled the show to be more like "Survivor" and sold it to Fox.
    The suit contends that by copying "Survivor’s" format, "Boot Camp" harms "Survivor" by confusing viewers, wearing out the game, and perhaps most importantly, siphoning advertisers away from the CBS series.
    This isn’t the first time that News Corp. and Viacom have tangled in the courts over the originality of reality series. 
    Back in October, Fox Family Channel sued CBS for copyright infringement over the reality show "Race Around the World."
    In that case, CBS defended its show by arguing that networks often run similar series at the same time and citing CBS’s "Chicago Hope" and NBC’s "ER" as examples. CBS kept the right to air its version of the show, but the program will debut this summer under the name "The Amazing Race" instead.
    Some see the latest lawsuit as merely another round in the clash of the media titans.
   "Usually it’s Ted Turner versus Murdoch, but now it’s Mel Karmazin," says Adgate. "And if it’s not ABC and Time Warner, it’s News Corp. versus Viacom. The gods rumble."
     Both CBS and Fox already have one lawsuit apiece pending over their reality programs. CBS was sued by former "Survivor" contestant Stacy Stillman on allegations that "Survivor" was rigged. CBS has since countersued Stillman.
   Fox was sued by "Temptation Island" cast members Ytossie Patterson and Taheed Watson for defamation and emotional distress.
   As with its other pending litigation, CBS declined to comment on the "Boot Camp" lawsuit, other than to provide a copy of the complaint.
    LMNO Productions said that they had not yet received a copy of the complaint and consequently had no comment.

April 11, 2001 © 2001 Media Life

-Elizabeth White is a staff writer for Media Life.

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