The nature of reality has bedeviled scientists, philosophers, and theologians for millennia. The nature of reality television programs, however, is a relatively modern concern, andlike reality itselfdoesn’t lend itself well to copyright protection.
The biggest obstacles to protection under copyright are these: First, reality programs do not exhibit preordained elements like plot, themes, mood, setting, pace, characters and sequences of events. Second, the basic elements of reality shows, such as a contrived environment, dynamic participants, competitions, elimination rounds, prizes, and a story that unfolds without a script, are commonplace and unprotectable. Third, the overlay of a particular context in which these elements play outsuch as a corporate hierarchy, a jungle, a gym, or a houseful of young roommatesis merely a concept and for that reason, not protectable under copyright, either.
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