Research On The Legal Protection For TV Program Format

TV program format is a particular program framework constituted by a series ofdesignated program elements, including name of the program, slogan, set of the link, hostmode, music design, stage background and some other specific contents. In recent years,the TV cultural industry of China has developed rapidly, therefore emerging a largenumber of outstanding TV programs. Some of these programs are as the result ofindependent creation of each domestic TV station, while others utilize the expensiveprogram formats imported overseas. However, together with the prosperity of somedistinctive TV programs, the appearance of imitation and plagiarism phenomenon alsocaught the public’s attention, which leads to endless disputes between different stationsand continuous conflicts towards the program format. Important to note, there still existssome blank area in the legal protection of TV program format. Thus, how to establish andcomplete the legal protection system of TV program format has become a significant andurgent theme for the legal academia and television industry.This article tries to research according to the following structure. In the first place, inorder to have clear and whole understanding of TV program format, this article analyzesthe basic theory of program format’s concept, values and legal attribute. Based on thisfoundation, this article demonstrates the necessity and feasibility of its access to legalprotection. Secondly, this article introduces three different current access modes ofprogram format, which utilizing independent creation and purchase as the proper patterns.Then, this article discusses the negative effects of copying and plagiarism. The third partanalyzes some typical cases to stress and compare the current situation of TV programformat’s protection both in domestic and aboard. Ultimately, this article tries to makesome suggestions for the construction of legal protection of TV program format. On thebasis of the above research, it is feasible to establish a protective system which dominatedby the copyright law, assisted by the trademark law and anti-unfair competition law. In the meanwhile, it is urgent to accelerate the legislative process of media law which couldsolve those TV-related issues more specifically.