On The Infringement Identification And Exemption Of TV Program Format In The Mass Communication

A television Program format is composed of a series of inter-related programelements, that can shape the structure or framework of a particular television program.It including some of the most ingenious, so that it can distinguish it from other typesof TV programs, becoming a unique form of the unique program mode. In the contextof globalization and international television programs worldwide trade liberalization,there has been a lot of good television program formats, and subsequently spawned abroad development prospects formats industries. A TV program format embodies thecreator’s effort, and it is an intellectual achievement that has originality and can bereproduced in a certain form, fully meets the requirements in copyright law, andtherefore entitled to protection under copyright law.Chinese copyright protection law protects the expression of ideas instead of theideas themselves, and television programs are considered merely an idea rather thanthe expression of an idea, therefore, copyright law does not take the televisionprogram as an object. Based on the study of foreign television program formatsinfringement cases, a television program format is an intellectual achievement that hasoriginality and can be reproduced in a certain form, should be protected by law. Onthis basis, further clarified the legal definition television program formats, copyrightand neighboring rights and the protection period, and the television program formats’methods of infringement identification and principles of infringement exemption.In the television program format developed countries, to strengthen theprotection of the television program format, they have accumulated a lot ofexperience and effective judicial protection measures. For example, the determinationmethods of "syllogism"and the two-step method"contact+substantial similarity", aswell as the principles of infringement exemption, have played an effective role injudicial practice of television program formats. But China is still no clear legaltelevision program format can be effectively protected, so that the phenomenon of plagiarism and cloning of the television program is very serious, and lack ofinnovative capacity, seriously hurt the healthy development of China’s televisionindustry. This paper on the basis of case analysis and theory with practice, analyzedthe foreign format developed country identified format’s legal status and theprinciples or methods of infringement identification. Combined with the theory ofmass communication, on the theoretical basis of "no spread no rights", analyzed thelegal protection status of the format and the actual state of development of China’stelevision industry, proposed the methods of infringement identification andexemption principles applicable in our country.In reference to learn from other countries’ judicial practice, we should alsorecognize the current development of China’s TV program format, especially in thecontext of multi-terminal broadcast channels, TV program formats infringementidentification is becoming increasingly complex. Foreign’s methods of infringementidentification and exemption principles are also applicable in our country, but we alsosee their own imperfections, there is no need to put these methods and principles as adead dogma. But in practice we should be coordinated these principles with copyrightlaw system, flexible use, and finally establish unique Chinese characteristicstelevision program format protection system.