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The Analysis Of The Copyright Law Protection Of TV Format

Posted on:2012-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y D P OuFull Text:PDF
GTID:2166330335488306Subject:Law
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Television Format is the form style of TV, which is formed with a series of common elements of television programs. In recent years, with the development of television industry, more and more domestic TV programs were generated. Based on the introduction of foreign television formats, a number of good localization television formats were produced by Chinese television stations. China is currently no clear legal protection of TV format and layout of regulation of commercial operation of the television program, but the law dispute of domestic television programs has begun to emerge .The legal protection of TV format is a challenge that the media and legal sectors must face. In this issue, theorists have been many controversies exist. I tried to view these discussions of the television format legal protection in perspective of copyright law. Then make some system analysis to explore its feasibility.There are four chapters in this article. In first chapter, I summarized the general contents of TV format and related basic theories which on the basis of an analysis with production process of TV formats and the elements of TV format. And analyze the characteristics of TV format, demonstrated its features meet the general legal properties of the works.In second chapter, I discuss the social, economic, cultural values of TV format and the status of its production and conservation to show the need for legal protection of TV format. After make a comprehensive comparative analysis with Theories of TV format legal protection, I thought the difficult with TV format protection of copyright law is that copyright law only protect the plight of the expression of ideas rather than thinking and ideas, Most people are used to see TV format as "ideas" rather than "expression", protected TV format by the means against unfair competition is difficult because Anti-Unfair Competition Law lack of specific provisions and maneuverability, also TV format can not be as trade secrets to protected due to the feature of openness with TV format, Trademark law can not provides a complete and effective protection to TV format. By introducing actions of international civil communities fight for legal recognition of TV format, emphasizing there is an international trend that TV formats tend to search protection from Copyright Law.In order to prove the possibility of copyright protection with TV format I described several litigation cases at home and abroad in third chapter. At the same time, make a special introduction of British judicial case about TV format. As a typical representative country, British opposed to give copyright protection to TV format. Analyze the reasons for this; we can get further understanding with two approaches–the support for copyright protection and copyright protection against. Through the introduction of judicial cases make some available references for contingent lawsuit of TV format.In last chapter, analyzes the legal reorganization of TV format as works and the reasonable protection of copyright law, make an advice that our country providing copyright protection for TV format. About specific protective measures, should build on the full reference on existing copyright law. This article shows a specific mode of protection with TV format. Put forward initial ideas about how to design rules for the specific rights of TV format. At the standard of determine infringement. After make an analysis of the reasonableness with US infringement standard I thought it is best to learn the US principle -"substantial similarity" and "available access".
Keywords/Search Tags:TV format, copyright protection, Substantial similarity, available access
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