Study On The Copyright Protection Of TV Format

Whether TV Format can enjoy copyright protection is in dispute among academicsand practice. Cross-referencing, learning from each other and even cloning arecommon in TV industry. Is it an imitation or plagiarism? Is it an industry practice ortort? Sometimes the boundaries are not clear. The article analyzes the typical casesfrom abroad concerning TV Format copyright infringement and combines our practiceand elaborates the problem and the judicial recommendations. There are four parts inthis paper to discuss the related cases and practices:ChapterⅠ involves the legal nature of TV Format. To define the concept, somelegislative proposals are introduced and it is distinguished from TV Program itself.This part involves Idea/expression dichotomy, originality and tangible copy. TVFormat is neither idea nor general works of art. It differs from the attitude of thelegislation whether open or closed.Chapter Ⅱ discusses the closed and open legislation and judicial practice. From thepractice of the closed legislation on behalf of the United Kingdom, New Zealand andAustralia, the legal status of the TV Format is still indefinite and the approach todetermining infringement depends on the type of work and total concept and feelanalysis is controversial. From the practice of the open legislation on behalf on UnitedStates, it tends to recognize that copyright can subsist in TV Format but identifiessubstantial similarity more stringently.Chapter Ⅲ deals with the plight of copyright protection for the TV Format. It is in an awkward position between “idea” and “work” in seeking the protection ofcopyright law. On one hand, copyright exists in scripts as literary works but not adramatic work while producing program using the TV Format rarely constituteinfringement and on the other hand, the courts seem more likely to deny thesubstantial similarity and tend to consider non-infringement in most cases.Chapter Ⅳ presents some relevant judicial recommendations. Based on the legalnature of TV Format and related jurisprudence and judicial practice, there are twoprinciples generally: no strict limit for work type; focus on substantial similarity.Meanwhile, it is vital to distinguish two circumstances: no script no copyrightprotection; protection for TV Format with unique totality of similarities.