Research On The Legal Protection Of TV Program Format

In recent years,with the vigorous development of the television industry,television programs as a new type of creative industries in the world continue to emerge.Excellent programs sought after by the audience,at the same time,domestic television stations in order to obtain high ratings,have begun to introduce the audience's programs,while the various television stations are also gradually imitate each other's programs.TV program template theft and cloning phenomenon is more and more serious,the program maker is indeed the right between the dispute,this behavior not only violated the legitimate rights and interests of the right person,but also to eliminate the creative enthusiasm of the creator,but also makes the TV screen The same stage there have been a large number of similar television programs,infringement disputes are expanding,causing the public attention.However,in the world,the status of television program templates in the legal theory is not clear,some countries in Anglo-American law has been in the judicial practice to explore the protection of television programs,civil law countries are also legislative efforts to discuss.In China's existing legal system,there is no specific legal provisions,judicial practice and no clear basis for the decision,is still in a state of absence,which makes illegal people believe that illegal low cost,resulting in television program plagiarism plagued the proliferation of TV program market competition disorder,seriously affected the development of China's program template industry.Therefore,China should form a clear and specific legal system of television program protection system,so that the healthy development of the TV market.This paper is divided into five parts.The first part puts forward the existing problems of TV program template protection by discussing the current situation of TV program template protection in China.The second part starts from the elements of TV program template,Elements that define the concept of television program templates.The third part analyzes the attributes of the television program template,focuses on the principle of thinking and expression dichotomy,through the exception of expressive work to solve some of the program templates are expressed in this critical issue,and when it is unique and reproducible,the television program template conforms to the copyright law protection works.In order to make the TV program template more comprehensive and effective legal protection,the fourth part of this article studied the UK,the United States,Germany,France,television program template of intellectual property protection model,and summed up the legislative aspects of China's inspiration.Due to the lack of laws and regulations in our country at present,the last part of this paper puts forward the establishment of protection mode based on copyright and other laws,and puts forward some concrete suggestions to improve the legal protection of TV program templates.The Development of China's TV Industry.