Copyright Protection Of Television Program Format

With the development of broadcast and television industry, the "clone" phenomenon of television entertainment programs show a widespread state in China—those high-ranking programs such as game shows, talent shows and reality shows all can be found their prototypes from the overseas programs. Because of high audience ratings and commercial profit brought by these television entertainment programs, imitation is also occurred among domestic television stations. However, once the television programs are filmed and broadcast to the public, the television program originality is open to the public at the same time. For this reason, the cloning of television program originality is almost zero cost, but not doubt brings great loss to the ancestors. Due to the increasing disputes caused by program originality among television satiations, harm of television program idea cloning is more and more obvious. Accordingly, the concept of television program format gradually arouses people's attention. And Intellectual Property protection of television program idea is in urgent need of solvement. To such phenomenon, domestic legislation fails to formulate specialized laws and regulations. Foreign legislation supplies some protection to idea, but still shows insufficiency. In the fact, it is during the recent years that television entertainment programs begin to develop, so the research of this question is still a new subject in the world and the scholars have not made comprehensive treatise on television program idea. This paper first explores the legal definition of television program format, holding the idea that television program idea as a whole can't be classified as any intellectual property rights but its art design and unpublished paper format can be regarded as copyright. After describing and analyzing the copying and cloning of television program format, the paper concludes that highly similar program sections design and the copying of stage design should be determined as act of infringement. Finally, combining domestic and international current legislation, the paper proposes legislation suggestions to television program idea from three angles of expanding the protection rage of copyright, fair use of idea and legal liability of infringement, thinking that idea should be in the scope of intellectual property policy and that the law should permit "fair use" of idea when protecting idea, and providing multiple legal compensate standard. Hope to provide some references to the healthy orderly development of television program industry.