A dramatic work must be capable of being performed.
Hughey Green was the longstanding host of the British television talent quest “Opportunity Knocks”. Features of the show, such as the use of a “clapometer” and various catchphrases to address the audience and the competitors, were replicated by a New Zealand television program without reference to Green.
Held, the repetitive elements alone did not constitute a dramatic work: by themselves, their performance was meaningless since the greater part of the show, which gave meaning to the different stock elements, consisted of audience participation, varying from program to program.
Nine Network Australia Pty Ltd v ABC [1999] 48 IPR 333