Study On The Legal Protection Of TV Program Format

As a new thing in the Held of creative industries, TV program tormat is flourishing all over the world.But the protection of the matching system is not perfect. On a world scale, TV program format has yet to be clearly placed under the protection of the copyright law, the attitude and level of protection have so much difference among countries or regions. But in some specific cases, TV program format is copyrightable. Through the analysis of TV program format’s copyrightable and the protection of difficulties, the author sums up the protection measures, and provides the suggestions of how to improve the legislation.There are four chapters in this paper. The first chapter summarized the domestic and international mainstream interpretation of the concept of TV program format. Through analysis the similarities and differences, the author sums up the general concepts of TV program format:a written plan which the TV program makers have to follow, it composed of several elements. These elements constitute a whole. And its significant value shows the importance of access to legal protection.The second chapter introduced the domestic and international typical cases, summarized the current legal protection status of TV program format. Through these cases, to clarify the nature of TV program format trading and two difficulty of legal protection:the application of idea/expression dichotomy and the standard of infringement.The third chapter firstly introduced the different point of view of the protection methods, and the constitutive requirements of works. Then, analysed the reason of TV program format’s copyrightable. Secondly, by matching with dramatic works, literature works as well as compilation works, to demonstrate the feasibility of placing TV program format as compilation works under the copyright law’s protection.The fourth chapter on the basis of the above three chapters, suggested the protection methods, including substantive law protection and other auxiliary protection, especially the apply to "compilation works", "trade secrets",etc.In the auxiliary protection, improvement of the registration system and strengthening the industry association are also important suggestions.