The Research On Copyright Protection Of TV Programme Formats

TV programme format is an intellectual creations which can bring commercial value. It originates from ideas,and then form a paper format, by adding technology, art, business knowledge and so on to the paper format, the programme format is created. It can make the series show the characteristics of multiple elements connecting with each other and overrall similarity. TV programme formats which meet the requirements of the originality can be works. There are several protection modes of TV programme format, including commercial confidence protection model, contract law protection model, patent law and trademark law. protection model, anti-unfair competition law protection model and copyright law protection model. All protection models have their limitations during the practice, but the copyright law protection model.TV programme formats have difficulties in seeking copyright protection, on the one hand, paper format which is original and specific can be protected to serve as written works, on the other hand, to programme in accordance with the format often does not constitute infringement.In addition,TV programme format lack sufficient unity to be capable of performance,so it is not a drama.The affirmation of copyright infringement on TV programme format also has difficulties, the legal attribute of TV formats is not clear in the judicial practice, the judgement of "substantial similarity" is also very difficult, and most of the tort claims are not supported.There are different standards and methods between statutory law countries and case law countries in the copyright protection of TV programme formats. According to the case analysis of the two law systems, statutory law countries tend to discuss whether TV programme format can be protected by copyright or not, with different judgments, and infringement determination method is also different, thereinto the essence of "element coverage principle" should be the principle of "substantial similarity". While in case law countries, the majority tend to accept its copyright protection, but insist on strict "substantial similarity". The two law systems have something in common:the selection and layout of a TV programme can be protected by copyright; more specific a programme format is, more chances it can be protected by copyright.Now disputes about TV programme formats is increasing in domestic, the trend of cloning and imitation is more serious. For encouraging the originator of the format as well as the long-term development of the television industry, it is necessary to protect TV programme formats by copyright. After analysing the legal attribute of the TV programme format and comparing by studying the cases of the two law systems, under the existing legal framework, our country should insist on protecting TV programme formats under certain conditions, desalting the principle of limitation to the TV format’s works type; the abstract programme format without paper format will not be protected, and those with high originality can obtain protection; meanwhile, the subject of the "substantial similarity" identifying can be the combination of consumers and experts; in the judicial judgment, copyright registration can be used as a "initial evidence" to assist to determine attribution of right and resolve the dispute.