33. Fraser v. Thames Television Ltd, 1 Q.B. 44 (U.K.

: High Court)
By: Aliya Ambray

Ruling: YES.
TOPIC: Protected Works and Boundary Problems - Expression or Idea?
● If an idea was communicated in confidence and was readily identifiable,
PETITIONERS: Fraser
original, of potential value, and capable of being put into practice, the
RESPONDENTS: Thames Television Ltd
Court would restrain its onward communication indefinitely, or until it
PONENTE: Hirst, J
becomes public knowledge
● Thames knew that the idea belonged to Fraser and the group and had
DOCTRINE: been imparted in confidence
● If an idea was communicated in confidence and was readily identifiable, ○ As such, it was under an obligation of confidence
original, of potential value, and capable of being put into practice, the ● In making, transmitting, writing, and producing the series based on Fraser
Court would restrain its onward communication indefinitely, or until it and the group’s idea without consent, the obligation of confidence was
becomes public knowledge breached
FACTS: ● Due to this, Thames is liable for damages
● Fraser was the manager of a rock group composed of 3 girls called “Rock ● The fact that the idea was orally communicated is irrelevant in
Bottom.” determining liability
● The group and Fraser developed an idea for a TV show based on how ● The information can be confidential regardless of its form
their rock group was formed, where the intention was for the 3 girls of ● The idea is confidential if it has some element of originality and not
Rock Bottom to play the leading roles already of public knowledge
● This idea was communicated to a scriptwriter, who in turn pitched the ● The idea must also be clearly identifiable as it will not suffice if that idea
idea to Thames is vague, however, neither is there a need for the idea to be fully
● Thames paid Fraser and the group £500 to maintain the idea’s developed
confidentiality until it could reach a decision about making the show
● It was stipulated that the 3 girls should not appear in any competing
television program
● It was also stipulated that should the company decide to make the show,
Fraser and the group should have the right of first refusal and their
refusal would not jeopardize Thames’ right to undertake the project with
different artists
● This was confirmed in a letter sent by Thames to Fraser and the group
● Thames decided to make the series titled “Rock Follies,” which Fraser
agreed to take part of but no concrete or firm offer was ever made to
them by Thames
● Instead, Thames cast different girls for the leading roles
● Fraser and the group proceeded against Thames, claiming breach of
confidence relating to the use of the idea and of contract
○ It was agreed that Thames would not use the idea without
casting the originators in the leading roles unless they were
unwilling to be cast

Issue: W/N Thames is liable for breach of confidence