The Copyright Protection Of Television Programme Format

Television programme format, which is consisted of a serial of elements, is a set of whole expression. Recent twenty years, the copying of television programme format is more and more frequent, this phenomenon directly caused a great of legal disputation. Television programme format is deserved to be protected by law, based on the reason of encouraging creation and safeguarding economy. Almost more than ten countries setup the protection system of Television programme format in a divers way, including anti-unfair competition system, copyright system, contract law system and commercial confidence system. All the protection system is limited with faws during the practice, but the copyright system. Television programme format belongs to copyright object, for its originality and expression.According to the various law and legal precedents in the world, we can draw a conclusion: If the television programme format fits the order of written work, drama, or movie, Britain courts will upheld; Part of American courts insist that if the Television programme fits the order of work’s essence, it will win the copyright; Netherlands and Italy made the law that television programme format is the copyright’s work.As a new work, television programme format’s copyright protection standard is displayed in different way in the world. Part of case law countries applied the principle of "substantial similarity" and "access", the other case law countries applied hight class originality principle, element coverage principle is employed by Netherlands and Brazil. The principle of "substantial similarity" and "access", aimed at copyright-able works, it judged copyright infringement by external test and essential test. Under the principle of hight class originality, only when access to the hight standard in originality, the television programme format can be protected by copyright law. Element coverage principle decide the infringement by comparing the constituent elements.The copyright protection of television programme is vacant in China, but we cannot ignore the cases which happened frequently. We should recognize that television programme is work in copyright law. During the designation of television programme format copyright system, the principle of encouraging creation, balancing interests and combining punishment with leniency should be followed. In the decision of television programme format copyright infringement, courts should not employ three-step methods mechanically, but combine substantial similarity principle hear the case generally. In the compensation of copyright infringement of television programme format, we should insist on the principle of statutory compensation, with regard of television programme format’s practical nature, take the licensing fee, infringing character and advertising effect into consideration.