| TV program formats are the unifying elements which containing in a series of TV programs, including not only the program's core creative ideas, but also the technical, artistic and commercial elements which designed for expressing the core creative ideas. TV program formats determine the characteristics and the market value of a TV show. In the international market, the trade of formats has also formed a grand industry, however, due to lack of legal protection, the disputes between the creators and the users can not be effectively resolved.Formats are an unusual sort of literary creation. Their unique function is to provide the unifying elements which make a series of TV programs attractive to its viewers. Creators spent plenty of wisdom and sweat in the TV program format, they should own the ownership of formats. The creators of the TV formats hope their intellectual achievements be protected by law, but it is not an easy task. On the issue of formats'legal protection, there are many unsolved problems both in theory and practice. The legal protection of TV formats has not been established in China. Some countries had made beneficial attempt in this field, such as established the self-regulatory organization to protect the formats. In the author's opinion, the legal protection of TV formats contributes to fair competing environment and innovation of TV production industry, it is conducive to the industry's long-term development. The author analyzed the legal and economical problems which according from the copying of TV formats, and explored the feasibility and legitimacy of offering legal protection to the TV formats, finally reached a conclusion that the TV formats should be protected mainly by the copyright law and supplementary by the anti-unfair competition law. |
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