| In the television industry, it is undeniable that television variety show brings strong protection and benefit to the TV ratings. And the creativity of the TV variety show is the soul of TV station's viewing rate. The TV variety show with its innovation, and originality and creativity are difficult to quantify, making the existing legal principles and norms of TV variety shows under the legal protection of innovation into an embarrassing situation. A representative of TV pattern is the creationary idea of the program, covering the original point of TV variety show; it comes to a viewing rate miracle for the Holy Grail. So I try to innovative TV variety shows on TV down in the form template, the innovative TV variety shows will have a quantifiable standard. At present, the problem is that the existing TV pattern has the absence of laws and regulations related to the introduction of protection. Caused by abuse and creative novelty of the template elements be copied, TV variety shows survival of elements of the novelty of being excessive to "borrow" or even plagiarism. How does the law more accurately assess this phenomenon, and how to make television variety shows of the template to be recognized in order to change the television variety show the face of creative protection, obviously has an impact on television variety shows vitality, restricting access to the interests of rights holders is an important topic. In view of this, this paper attempts to view the template from the TV through the TV variety shows and analysis of the definition of a template to build innovative television variety shows of legal protection system.In this paper, on TV variety shows and innovative analysis of the status of legal protection, the elaboration of related industries through domestic and international television template way of trying to protect the variety show innovative ideas and in-depth analysis of the television variety show the possibility of the application and the necessary template sex, and how existing laws to protect them. In copyright law, I believe that the template can be included in TV variety show "works" the scope, so do their protection; Also in our existing legal framework can also be considered through the "Anti-Unfair Competition Law" and some other laws and regulations to protect the TV variety show pattern. In addition, I also adopted the practice at home and abroad for the protection of the TV industry.This article is divided into three parts:The first part introduces the research background of the paper to explain what the TV variety show is. In its rapidly developing, innovative conservation status of worrying, and to recommend innovative television variety shows lack of protection of the legal confusion, in this based on the proposed content of this study.The second part clearly puts forward the second part of the template used to protect TV programs and innovative television variety shows the basic theory. First explained the concept of academic television template understanding of different perspectives, the definition proposed by the author analyzed the characteristics of television variety show template. Then make a template protection TV variety show the feasibility of the copyright law's "dichotomy" theory at home and abroad for the protection of the practice of television variety shows, thus establishing the point of protection from the television variety show template innovative frame system.The third part in a television variety show on the legal protection of innovative measures put forward. First, try the way copyright law television template is defined as "work", so as to explore the TV variety show, as the object of legislation improving copyright law, then try the existing legal framework of the television variety show innovative program to other existing laws protection of objects of protection, adding that television presented by means of registration forms to the copyright protection measures. Innovation of this paper lies in a long time difficult to quantify, the general thought is defined as legal protected and can not be innovative TV variety shows' pattern. Then the pattern by analyzing the characteristics of TV programs, that it is competent to "work", which has same features. And then the TV variety pattern will be the template into a TV variety show of protection of copyright law. My words due to domestic and foreign references, limited cases, this will inevitably fall short. Finally, I still hoping to give some new ideas of the television industry on TV pattern. |
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