TV Programs Format To Copyright Protection

When the domestic television program service market is growing, the "clone" wind, one who is seeking protect for his television program format is rejected. Television programs are following each other, and the phenomenon that cat not get legal protection has gradually caused the industry’s concern and attention.Due to the principle of expression and ideas, China’s copyright law protects only the expression of ideas in the form and not protect the idea itself, the television program format have not been able to get the protection of the Copyright Law. However the principle of expression and ideas, a "myth" of the copyright industry, is not flawless. First of all, this principle which is translated from the foreign "idea" and "expression",means that copyright law protects only the works of creative expression ", instead of protected works contained in the" idea ". However, the meaning of the idea and expression in the judicial practice is uncertainty. Has been translated as "thought" and "expression" is even more difficult to distinguish; Secondly, the mean of "thought" are different from the copyright law to the usual meaning. The principle of expression and ideas has a deep-seated position in copyright law, ssome judges in the judgment of the case is easy to fall into a theoretical misunderstanding.In fact, copyright law in some cases, the idea were protected, for example, adapt and translate the works of others, you need to get the consent of the original author. Otherwise, it will be considered to infringe the rights of others; other hand, in some cases, expression does not be protected, when the idea only has a limited number of forms of expression, the Ccopyright Law protect neither the idea nor expression. The principle of idea and expression should not be legalistic, along with the development should be given new meaning.Television program format meets the substantive and formal conditions of the works identified, and deserve the protection of the Copyright Law. First of all, Ttelevision program format has a double property of both idea and expression. Its idea part include the theme, style and so on, while the structure and framework are identified as the expression.In accordance with the expression of ideas, we do not protect the intangible parts of the theme and style, but the structure, framework and program formats can not be ignore.Second,Television program format is creative. Creativity is one of the most important factors in the process of work identifing.All of its thoughts, plans and productions, are relevant to the creative use of knowledge. Finally, Television program is a cultural and creative industry, which belongs to the cultural and scientific fields.