Research On Copyright Protection Of TV Program Format

The TV program format refers to the consistent elements in a series of variety shows.These elements can be continuously repeated in the series and constitute the characteristics of the program itself.As the basic creativity and framework of variety shows,the TV program format plays a decisive role in the production of variety shows.Avoid plagiarism and similarity between variety shows,and promote the development and trade of program patterns.The legal protection of variety show patterns is an important issue.In the current judicial practice,the legal protection of the TV program format is mainly achieved through anti-unfair competition laws,trademark laws and other channels.Compared with other protection methods,the copyright protection of TV program format has the following advantages: first,concise and efficient.second,great protection,and third,more reasonable.Therefore,it is very necessary to incorporate the variety show model into the scope of protection by copyright law.To incorporate the TV program format into the scope of copyright protection,it mainly faces the following problems: First,under the principle of the dichotomy of expression of ideas,the variety show model belongs to thought or expression.Second,in judicial practice,the copyright protection of the variety show mode is facing difficulties.For example,the "Copyright Law" of our country seals a closed list of the types of works protected by the copyright.Identification and other issues.By reinterpreting the dichotomy of thought expression,this paper analyzes the nature of the TV program format from the three aspects of originality,reproducibility,and expressiveness,and concludes that the variety show model can be protected by copyright law.At the same time,the following suggestions are proposed for the problems in current practice: first,expand the scope of the object of the copyright law or flexibly interpret the object standard;second,establish the infringement judgment standard and damage compensation standard of the TV program format;third,the TV programformat Copyright registration in a mode;fourth,give full play to the role of industry organizations.