I have been approached regarding a TV Format

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Hi there,

I am the owner of a unique website, which has recently been approached by a TV Production Company who have expressed a strong desire to run a Series based on us on Terrestrial TV.

I am led to believe that the format has all but been completed and a household name has been approached (and agreed) to host this 'TV Gameshow' type of programme.

As yet, although we have had no form of contract or offer in writing from this Company, we have met with them, and they advise that they want exclusive rights to our website name on their Programme. When asked if they want any financial commitment from us, they assure us they do not want a penny, now or in future. They seem very professional and trustworthy.

My question (I am very naive) is this :

1. Would they have spent all this time putting together a format if they didn't have a 'buyer'
2. To use our Website name on the TV program - how much should we be asking for in terms of reward (if anything)
3. What kind of pitfalls should I look out for
4. As far as I know, we are possibly approaching the pre-production stage - what can I expect next?

A Million thanks to anyone who can offer any advice here. Sorry if I have posted in the wrong forum!

All the best,

Rob.

If you're happy to sell all the rights to the website and everything associated with it, you can name your price and take it from there. Why wouldn't you expect to make a substantial amount of money from this?

Thanks very much for the reply.

I'm really not sure what to do. I obviously own the site, and the name (which is KEY and very good). The TV company I assume will sell the PROGRAMME to the TV people. Is there room for both the site and the program?

I'm completely lost ! 8-(

I think they'll call the TV Program the actual name of the site, so I suppose we all benefit. IE they sell the concept, I reap the rewards on the site?

I think you need to talk to a business advisor who will be able to give you sound advice and should be able to put you in touch with a solicitor who specialises in this field. You need to have contracts either drawn up, or if they come from the other party, checked.

I had thought about the Solicitor but not the Business Advisor.

You are absolutely bang on though. It's given me a different angle to work from now. Thanks ever so much!

Absolutely right... take professional advice. Even if you had confidence in what you were doing you need to be sure everything is covered in legal terms and that you receive appropriate financial reward. Don't make any decisions until you talk to an advisor.

What a fortunate position to find yourself in.

Its difficult to advise you without fully understanding how the name of your site relates to a concept for a programme. Although I am very curious, I seriously advise you not to reveal this information to anyone on this board, either publicly or privately.

I'm not sure it would make good business sense for a production company to make a programme which relates directly to a third-party website, without ensuring they have protected their investement somehow. They may suggest a contract which ensures the site is maintained as-is, to prevent you changing it and how it relates to their programme. If you agreed, you would be entitled to substantial, ongoing compensation for this type of arrangement.

It would make more sense for them to offer you a significant sum to buy the site from you, (should they find a buyer for the programme).

Either way you are in a very strong position. You should ask them to submit a proposal to you and then let a lawyer have a look at it.

I don't think I can add to the sound advice given so far, other than to say good luck. It must be very exciting for you!

As Gavin has said, it's important to keep the details secret for now, but do let us know how things go - I'd be interested to know. And perhaps once everything's finalised in black and white you can tell us a bit more of what it's all about.

Gavin - thanks a million for your comments, they are very valuable to me at the moment as frankly, we are quite naive when it comes to all things TV. Thanks everyone else too!

I have made additional comments below and would be intuiged as to your views again

"What a fortunate position to find yourself in." -
Absolutely. It's very exciting for me! However, nothing is set in stone yet.

Am I right in saying the Production Company would not be
'wasting their time' working on a TV format for our (I quote) 'perusal and feedback' if they didn't have a 'buyer' as it were ?

Am I also safe to assume they will have already approached Broadcasters and be in a position to go forward (with our agreement) ?

What is the usual next stage ?


"Its difficult to advise you without fully understanding how the name of your site relates to a concept for a programme. Although I am very curious, I seriously advise you not to reveal this information to anyone on this board, either publicly or privately. "

Again, great and GENUINE impartial advice.

They mentioned 3 times during our meeting that they wanted exclusive rights on a 3 year 'deal' although no 'contract' has been sent to us as yet. Would a contract follow after we have given the green light for
production ?

They made a big play on the name of our site, and to be honest I think the 'show' would take the same name too. Hence, we would never even want to change the theme of the site?

Assuming this show was as popular as I imagine it could most certainly be, how on earth could we calculate how much a contractual agreement is worth to us? Obviously the exposure we would get
through this format would be invaluable in any case.

Am I selling myself short here in terms of not expecting a major offer?


"It would make more sense for them to offer you a significant sum to buy the site from you, (should they find a buyer for the programme)"

I don't think that they themselves are major players in their field, although they do have a major player who will be fronting the show. Hence, I doubt they'd make an offer now.

Unless they know something I don't of course!

I suppose if the show is very popular and they have us on a 3 year deal, they could make a killing themselves for broadcasting rights?


"Either way you are in a very strong position. You should ask them to submit a proposal to you and then let a lawyer have a look at it. "
I'm trying not to get too excited about this to be honest, but I'm not sure how strong a position we are in. It's pretty nervewracking
at the moment, I just hope it all comes off. A Lawyer is absolutely vital to this when an offer comes, and I thankyou sincerely for your
advice my friend.

They have asked us to keep a freeze on any Press Activity relating to the site, as it apparently may compromise the integrity of the production - surely a good sign too?

I must say though, the company in question have been very transparent so far in their handling of this and very receptive to our
ideas. This is helpful as it encourages open and honest communication.

I look forward to hearing all of your views again, and rest assured, I will let you all know the full details when I am in a position to
do so.

All the best, and top marks to this site - you are all a credit to it!

Mysterio

I assume you've done a search already and might have found this but thought you might find it useful:

http://www.tvformats.com/formatsexplained.htm


It's geared towards gameshow formats so might contain some info that could be of use!


One thing it's important to consider is whether they can go ahead with the idea without your support as format rights are not protected (section on that site) - and from what you say you have been approached, rather than you approaching them!


For example, it be quite easy to get a show based around reuniting friends on air without any involvement from Friends Reunited.


Also, I'm thinking ahead but it's important you do - more than ever now money is made off the sale of rights abroad. If the format is sold abroad, especially to the American market, that is when the money really roles in. It's important you agree about any money you would get from future rights sales.



P.S. I think something simlar happened with a site called TV Go Home ( http://www.tvgohome.com ) a few years ago, which got a slot on C4 (good show it was too!)

I was going to suggest contacting them, but their E-mail address is now at Zeppotron, which is part of Endemol so it may compromise your current negotiations.

(Then again, Endemol seem to own everything now anyway!)

A slightly diffrent scenario - Zeppotron made the TV Go Home website as well as the TV programme

There were 3 TV spin-offs: TV Go Home, Nathan Barley and Unnovations http://www.zeppotron.com/unnovations/

Rights are not my area of TV but a few questions for you to ask:

You say the site leads them to a 'gameshow' format (These are the most valuable, as the good advice from the forum has already said) Is this a short series or an 'Interactive Format'?
Check out the production company - What have they made? Who for?
Do they want UK or world rights?
Is it IP (intellectual Property) they want or just the brand or content (questions etc)?
The site remains in your hands?

You are most DEFINATLY entitled to reward. Do not give it away just to be on TV, or with the promise of publicity. If one company has thought it a good idea, then somene else will who WILL pay. In TV its winning ideas that count as much as the production.

If its 'Interative Format' then hold out for revenue share; Example, say quizmania... Format fee = £x + £0.01 (1p) per call (at 60p per call retail)

Before you enter into price negotiation: Find a TV bod who is willing go through the idea with you, just to sound out the options. You must ensure this stays confidential so ask for a NDA (Non Disclosure Agreement) to be signed. You should pay this person for the advice.

Both the draft contract and the Pro advice should be paid for by the TV company, in advance, and NOT dependent on completion of the deal.

I can give you a sample NDA (you must get your solicitor to draw one up, but don't let them make it to long!! your paying!!!) and advice on where to advertise for a consultant + what to look for if you Private Message me. I just ask you not reveal on here any details supplied or our identity.

One final point, if the site involves any element of 'community' ala My Space/WAYN etc in any form (other than forums) then you really do need to stop talking to TV production companies and start talking to the channels direct.

Good luck