Study Of Copyright Protection For Television Program Formats

Television program formats is a product of the TV industry, television early stage ofdevelopment there is the imitation of program formats and trading on the end of the century,production and sales of program formats is becoming an important part of the TV industry, theprogram formats of great value, but generally there is no legal explicitly its protection, andfrequent plagiarism is not restricted, has aroused the concern of the TV industry and law. Thisarticle is divided into four parts discussed the issue of copyright protection for televisionprogram formats.First, define the concept of television program formats, and analysis of televisionprograms template included in the need for copyright protection. Scholars of varying thedefinition of television program formats, the paper argues that the television program formatsthe overall planning of a series of television programs, which include program ideas andthemes in general, the intent to achieve program results, a detailed program schedule is setand program structure, activities the main rules, including the use of each program are fixedsets of programs, music, graphics, symbols and slogans. The domestic television industrysince the1990s, the introduction of the television program templates, and ideal program,however, followed by the formats of introduction, or spent a lot or do not pay the cost toimitate. The cloning wind prevailed, and the lack of TV program formats and innovativeincentives, and the long run national television program formats industrial development willalso be the lack of source power, affecting the development of the entire TV industry.Television program formats included in the copyright to protect both respect for others andintellectual achievements, and also be able to protect their own original, developing their ownlocal culture and creative industries, to reduce the probability of penetration of other countrieson China’s cultural infiltration and values conducive to the development of the local culture.Secondly, this paper analyzes the status of foreign law and practice on the protection ofthe television program formats. Throughout the world the law there is no clear televisionprogram formats into law to protect. There is no clear legal protection legislation, judicialpractice does not give most of the side support request formats protection, civil spontaneouslyformed various organizations, as well as arbitration institutions, maintaining the order ofdevelopment of the industry of TV program formats. China’s legislative and judicial practiceare not the legal protection of program formats. Again, on the television program formats the theoretical analysis of copyright protection,that the television program formats works and original, should be protected by copyright law.From the theoretical analysis, First of all, the television program formats contains aproduction by the mental thinking of the outcome of the people in the art of scientific andcultural fields; Second, the television program formats performance in writing, the programcanon, but also in already produce television programs, multimedia forms of expression ofideas, and therefore, the TV program formats and not just creative, but its concrete expression;again, the written form of program formats the program canon can be copied, while theproduce television programs to watch, perceived to exist in one of the formats, and referenceto the television program formats can produce similar television programs, replicability;Finally, the program formats the main arrangements of existing material as well as thecollation of the facts in an unprecedented way, or create some new material applications andmaterials arrangement, these can also be regarded as an original, so it has originality. Pursuantto which the television program template works and have the originality to be protected bycopyright.Finally, on the television program formats included in the copyright protection putforward some feasible suggestions. First, that the legislative amendments or administrativeregulations should provide for the TV program formats included in the scope of copyright law;Second, it is recommended to confirm uniform infringement identified in judicial practice inthe television program formats disputes to determine whether constitute infringement, mustfirst determine whether the plaintiff has a copyright of the television program template, andthen determine whether it constitutes plagiarism, and determine whether to constituteplagiarism can learn from America’s "syllogism" infringement Recognition Act; Third, thatthe administrative department of copyright registration should be television program formatsincluded in the registration of copyright scope in order to perfect the copyright registrationsystem; Finally, it is recommended that the practice of learning from internationalorganizations, the establishment of the Mediation and Arbitration services institutions, partieson the television program formats the dispute through negotiation or arbitration fairly andexpeditiously resolved.