| The production of audiovisual works,to meet people's spiritual and visual enjoyment,Some original TV programs have been widely recognized by peolple.The corresponding high ratings bring huge economic benefits to the television media,in order to maintain this market advantage and high returns.Some of them take a shortcut to produce TV programs,spend enormous licensing fees to buy so-called "copyright" TV program formats.TV program format is a kind of knowledge product,from the orignal idea to the final program,it needs a complex and lasting process.Involved in social development,people's aesthetic,market operation,law and so on.It requires a lot of human and financial resources,forthermore,need to bear the huge market risk.These contributed to the transaction of TV program format in the market,both exert their own advantagesd and take what he needs,leading the developement of TV program formats to prosperity.Otherwise,some TV media simple imitation and even cloning the popular programs because of the limited capital investment.In order to save research and development and licensing costs,avoiding risks.The active development of TV program format but lack of powerful legal protection corrisiponding.Related infringement disputes at times,so that the legal protection of TV program format and the copyrightability of the program format become the focus of issues,finally,there is no reach an agreement.But the TV program format trading is still under way,needing to get the appropriate positioning in the law.The composition of the TV program format conforms to the object that should be protected by the copyright law,from the perspective of balancing the relationship between encourage creation and public sphere,it should be included in the strong protection of the copyright law.To promote the healthy development of TV industry,this paper is divided into four parts to discuss the copyright attribute of TV program format.The first part combinate the discusses in the TV industry and legal field,by comparison and analysis,summarizes the connotation of TV program formats.That is,the TV program format based on the original idea,formation the number of stages of the main program process,by the concept,the details of planning,specific operation,recording,editing and other related content,Combinate a formats package,and the transformation for the final program content which of the sharp distinction and be reusable.And summarizes the TV program format is intellectual achivement,with the characteristics of continuity and recognition and comprehensiveness.The second part discusses the originality and replicability of TV program format,it could be regreded as the works of copyright law.Meanwhile,the dichotomy of thought and expression is analyzed,It provides the possibility that the TV program formats could be inclouded the copyright law protection of it's fuzziness.The TV program format from a orignal idea but go through a series of deductive process,finally become the visible TV program.And through these external forms are clearly different from other programs,form the program expression of original content.In the third part,we look at some typical countries from the common law system and the continental law system to protect the TV program format,such as Britain,America,Germany and so on.Because of the interaction between history and economic development.different countries have different methods and degrees of protection for TV program formats.However,there experiences of the exploration in the protection of the degree,undoubtly,benefit to enlighten our understanding in related fields.In the fourth part,it is pointed out that as a special work,the TV program format has its particularity on infringement judgment.After making a judgment on the originality of the TV program format,we can learn from the "substantial similarity and contact principle" to identify whether an infringement occurs.The fifth part puts forward the corresponding suggestions on protection of Chinese TV program formats,the directly way is trade it as a new type of work to protect.Under the existing legal framework,the content should be protected separately,aiming to maximize the protection of the intellectual achievements.In the case of lacking legal protection,establish industry associations for the TV program format protection is desirable.Of course,the drive to protect the TV program comes from the producers themselves mostly,under the condition that the copyright law provides protection only the expression is clearly,refine the TV program formats,make it more likely to meet expression and get better protection. |
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