| For a long time,the variety program formats has always faced an awkward situation in the aspect of legal protection.From the perspective of the world,the current judicial position on the variety program formats lacks consistency,but most opinions simply include the protection of the program formats into a legal protection model,which fails to folly consider the diversity and difference of the imitation form of the program formats in reality.The disputes about the model of variety shows are often caused by imitation.It is the precondition and key to distinguish the types of imitation of the model of variety shows.According to the situations in which different elements of the program model are imitated in practice,the imitation of the variety program formats can be divided into direct imitation,partial imitation and structural imitation.In the case of direct imitation of the program mode,it is a direct copy of the program mode,resulting in a high degree of similarity of the program on the whole.In this case,the program mode in the form of expression,originality and reproducibility,all conform to the requirements of the copyright law on the definition of works,which can be applicable to the copyright legal system.For some imitations,the imitations are the core elements with characteristics and high recognition in the mature variety program formats of others,which cause confusion and misunderstanding among the audience and damage the goodwill or interests of the relevant right holders.They are improper imitations and constitute unfair competition,which can be regulated by the anti-unfair competition law.And imitation is not a simple structure of substantial imitation modes of variety show,usually a process,the game loop and character conflict belongs to the rational use of,or the fact that the public domain,not in the realm of copyright law protection,also no unfair competition,visible its imitation for freedom,should be defined from the legal regulation of imitation. |
