Corporation defends action

Press, 27 May 1983, Page 4

Corporation defends action

PA Wellington There was no evidence that anybody involved in the 1975 New Zealand television series, “Opportunity Knocks,” had heard of a British programme of the same name, the High Court in Wellington heard yesterday. In no case had it been held that anyone had a proprietary interest in a format or a programme idea, said counsel for the Broadcasting Corporation of New Zealand, Mr Maurice O’Brien, Q.C. / , He was giving his opening address in the action in which a British television producer, Mr Hughie Green,

claims $5OOO general damages against the corporation, and $50,000 exemplary damages. Mr Green says that television’s transmission of a talent quest programme, “Opportunity Knocks,” with a format similar to his programme with the same title, was carried out without permission or licence from him, and in knowing disregard of his proprietary interest in goodwill associated with his “Opportunity Knocks,” and with a view to profit. The hearing, before Mr Justice Ongley alone, will continue today. Mr O’Brien said that as

matters stood at that stage of the case there was no shred of evidence as to piracy.

“As to the copyright cause of action, the defendant denies that the plaintiff’s ‘Opportunity Knocks,’ whatever precisely that means, is a literary, dramatic, and musical work within the meaning of the Copyright Act, 1962,” Mr O’Brien said. “It is acknowledged that the plaintiffs ‘Opportunity Knocks’ was first published, in the sense of being produced on television, in the United Kingdom. But it is denied that copyright in that programme exists or is

owned by the plaintiff anywhere, or for that matter that the programme elements were capable of copyright protection.” In evidence, the entertainer, Ray Columbus, who became talent co-ordinator for the series, said he took “Opportunity Knocks” to be the natural follow-on from an earlier New Zealand programme, “Happen Inn,” which featured Golden Opportunity. However, Mr Columbus said he had auditioned English troupers living in New Zealand who might have mentioned from time to time an English programme.