| As reality TV format is not a legal concept, there are different attitudes around the world towards the legal protection of reality TV formats. The legal protection of reality TV formats is related to the healthy and sustainable development of television entertainment. This paper looks at the necessity of legal protection of reality TV formats and examines two legal approaches in which creators of reality TV formats may seek to protect their works. At the end of the discussion a useful suggestion on the legal protection is given to our country's reality TV formats.The major parts of this paper are as follows:The first part is the definition of reality TV format. First of all, it explains the meaning of reality TV. As a television programs, reality TV is the real record and artistic process of the competitions which done by the voluntary participants in the provided situation with specific rules and pre-set purposes. Secondly, it points out the meaning of program format. A format can be defined as resulting from fixed and repeated elements (for example, the planned sequence of particular types of events, catchphrases, scenery and music) which form the dramatic structure of a program, and cause the dramatic movement through that structure.The second part is the analysis of the need for the legal protection of reality TV formats. It introduces the recent opinions against legal protection of reality TV formats and gives defending views one by one. The high original creation costs and low marginal costs of reality TV formats will cause the producers to produce imitative programs rather than innovative ones. And the transnational copy and preemptive duplication of formats will weaken and counterweight the existing marketplace incentives for format innovation. Then it discusses the effect and significance of legal protection of reality TV formats. Legal protection can promote the innovation of reality TV formats and is in favor for the healthy and sustainable development of our country's television industry.The third part is the introduction of copyright law protection of reality TV formats. It first analyzes the original expression level of reality TV format. As the increasingly professional of program formats production, the gap between the nature of the expression of formats and the original expression under copyright law is getting smaller and smaller. This part secondly discusses the possible types of works of reality TV formats. If paper formats reach the required originality, they can be protected as literary works. But paper formats can neither be protected as dramatic works nor be treated as the content of dramatic works protected under copyright law. Program formats can be treated as the content of film woks to be protected under copyright law. Finally it analyzes the copyright legal system in our country. A film work is an original work not a derivative work under China's Copyright Law. So the plaintiffs should choose the right types of works of reality TV formats in copyright infringement lawsuits after examining the possible situations in which the defendants might contact with the formats.The forth part is the introduction of competition law protection of reality TV formats. This part first describes the anti-confusion system. It discusses the damages caused by confusion to program brand. Then it analyzes two legal approaches against confusion, which are passing-off and trademark law. It introduces the three-condition of passing-off and gives a deep look into the distinctiveness of program formats. Secondly, it introduces the trade secret law and discusses the confidential nature of program formats. Finally, it analyzes the competition law system in our country. It is possible to protect reality TV formats through the actions of counterfeiting based on the judicial practices in our country. In order to obtain legal protection of trade secret law for reality TV formats in our country, the legal types of trade secret should be increased.
|
PDF Full Text Request