The Research On The Copyright Protection Of Television Program Format

With rapid socio-economic development and international economic exchanges increasing, the copyright trade of worldwide television program patterns is more and more popular. While superior television programs being sought and discussed by the audience, theft and cloning phenomenon of popular TV program format is intensified and rights dispute between program makers is constant. How to protect television format will become a hot topic gradually in legal circles and television industry. While throughout the world, other countries have focused on this issue much earlier. Currently the legal status of television program format is unclear and scholars still didn’t reach consensus about TV program format concept and nature. Some scholars believe that television patterns belong thought. According to "idea/expression dichotomy" television patterns should be excluded from the scope of the "Copyright Law" and some scholars hold the opposite view. Analyzed from two levels of legal theory and commercial operation of the program format, this article gives the point that program format means that an original TV programming framework formed of the structural arrangement of many fixed elements used in television series. The framework involves all aspects of the production of television programs, implementation and marketing, usually presented in the form of single or double television production scripts or mature television images. Integrated use of various fixed element makes the series owning a unique style and it can be significantly different from other TV shows on the appreciable degree. TV program format has a high commercial value. Legal protection is conducive to the maintenance and innovation, promoting the development of China’s TV industry. And it is also necessary to safeguard national interests and the smooth conduct of protection of international copyright trade. Therefore, the study on legal protection of TV program format is very important.Viewing from legal protection status of domestic and foreign television program format, due to entitative law is still in the exploratory stage, authentication through the judicial process for television rights has become the most common and most effective way to protect the rights in the world. With the increase in copyright trade and maturation and completion in TV program format, many countries and regions are varying degrees of recognition about television format of copyrights. When a dispute arises they tend to protect those show patterns owning tangible form according to the copyright law. In addition, consciously safeguard of market players, non-governmental organizations and arbitration also played a very important role. Moreover, Chinese TV program started later and the TV industry market is not yet mature. In theory the format of the TV show being thought or expression is still no final conclusion and infringement standard is difficult to grasp. So despite entering the "Rights era", television program format copyright is still disputing between program producers.But most of them remain in disputed stage and are eventually dropped.Based on the basic theory of copyright, this paper argues that television program format is fully consistent with the requirements of the copyrighted work and it should be embedded in the scope of protection of copyright as a new type.Firstly, the protected expression can be divided to external expression and intrinsic expression. Usually the expression emphasize on text, graphics and color. But for cultural products which take creative ideas as the core, arrangements and logical design of the structure, organization and sequence reflected by intrinsic expression of the author is the key to bring success. In order to maximize the protection of works of the author’s intellectual creation, internal representation should become the object of copyright protection. So for the TV program format, in the intrinsic expression level it is rearranged logic design of organization, structure and sequence about the elements of existing roles, scenes and situations, while in the external expression it is reflected as "treasured book" of unavoidable television production. So it is the author’s unique expression of thoughts and feelings, rather than the ideas themselves; secondly, in the settlement of critical issue of TV program format belonging to expression, the analysis point out that it meets all requirements of work and it should be embedded in the scope of protection of copyright.In order to make our legal protection of television format being more comprehensive and effective, this paper argues that we should learn legal protection format from foreign countries, making a fuss from three areas of legislation, judicature, trade organizations and associations. Protection of television format should rely on legal protection ultimately. But legislation needed to assess the situation. Under the current conditions of lack of relevant legislation, television format can defined as protected work by copyright law in the form of administrative regulations temporarily. After legislative conditions being mature it can be embedded in the scope of protection of copyright as a new type of work. When the infringement is identified in judicial practice, it should apply "substantially similar exposure" principle. Similar perception and appreciation experience of audience between works should also be embedded in consideration range. Currently judicial protection of IPR typical cases issued by the Supreme Court can be considered as a reference of disputed cases in practice.At the same time, we should pay attention to non-governmental forces, put industry organizations and associations to work and make civil protection and legal protection combine together to maintain a good order of TV program format market.