Copyright Protection Of TV Program Format

Based on the country's emphasis on,encouragement and guidance of the cultural industry,the domestic variety show market has ushered in its spring and is continuing to expand at an unprecedented rate,mainly focusing on the introduction of foreign variety shows.If the former form of the Korean wave is the introduction of the right to play a TV series,nowadays it is the introduction and localization of the TV program format.In the course of competing for the introduction of high-quality variety shows abroad,some manufacturers took the path of directly copying and cloning the existing television programs in order to reduce the pressure of buying reputed purchase of mature copyright from abroad.As the TV program format is often included in the ideological category according to the "Idea-Expression Dichotomy",the current law in our country and even the most of the countries over the world does not stipulate the legal nature of the TV program format.As a result,disputes over the infringement of domestic and international television program modes are increasing day by day.In this way,we will only dispel the enthusiasm of the creators,encourage the style of plagiarism and reduce the creativity of our cultural industry,and will lead the way to a cultural country with a large scale.The legal protection of the TV program mode lags far behind the development of the TV program industry,and current law can no longer protect the legitimate rights and interests of the right holder and the legal protection of the TV program mode must be put on the agenda as soon as possible.This paper mainly discusses the copyright protection of the TV program format through literature review,case analysis,comparative analysis and theory with the actual law.First,this paper summarizes the definition and characteristics of TV program formats.And the concept of the basis for argumentation of this paper is summarized,and the characteristics of TV program formats are extracted by comparing the definition of television program formats in various countries,it can also be used as a paving point for TV program formats that are the object of copyright.Second,it introduces the legal protection of TV programs at home and abroad by analyzing the case,and analyzes whether TV programs can be protected by copyright law.Furthermore,it analyzes the meaning and characteristics of the object of copyright protection,proves that the copyright conforms to these characteristics,draws the conclusion that the television program format can be protected by copyright,and gives suggestions for improving copyright protection.Then by comparing the judgment criteria of the current works and summarizing the existing television program format judgment standards,the criteria for constituting the infringement of television program formats are discussed.At last,it compares the protection of TV program formats by copyright law and contract law,trademark law,patent law and unfair competition law,analyzes their own advantages and disadvantages,and discusses the method of China's response to TV program format.