A Study Of The Protection Of The Copyright Law For Television Program Formats

This paper describes the development of TV show template and introduces the current situation of legislative protection. It analyzes the reason of serious homogeneity of television programs. It further analyzes the importance of television programs to be legislated to protect the template, the copyright of TV show template and the works category. It demonstrates the method of identification when TV show template are invaded and that provides a theoretical basis for TV show template get protected by the Copyright Law. Meanwhile it promotes the innovation of the television industry. And improves our intellectual property system to adapt to the increasingly sophisticated technological development and social progress.This paper selects copyright law which is the most closely related to TV show template. It uses interdisciplinary approach, comparative and historical method during its analysis. It aims at have a better understanding of the legal protection of TV show template.The first part is overview of the television program templates. Firstly it introduces the definition of TV show template and elaborates the relation between TV show template and television variety entertainment. Although all walks of life have different views about TV show template, they obtain the substance of TV show template and it indicates the significance of protection of TV show template. Secondly it elaborates the present status of TV show template. On one hand it introduces the serious reality of the homogenization of the domestic TV program. On the other hand, it analyzes its reasons and the current status of legal protection of TV show template. Then it introduces dispute cases and data relates to television show template. And at last, it explains the significance of legal protection of TV show template from four aspects.The second part, it mainly elaborates what the law prescribe on the representative foreign countries its necessity of the legal protection of TV show template. It elaborates how the UK, France, Germany, USA four countries to handle the related television program template disputes in legislation and court practice in the trial process, development and international TV program template protection mechanism, in order to the legislation of our country can learn from.The third part, it elaborates the suggestion on how to protect the TV show template just form the Copyright Law. First, it focus on elaborating the copyright property of TV show template which is the difficulty of legal protection. On the basis of identified television show template copyright property, and it further discussed the type of television show template works. Secondly, it discusses who is the owner of this right and what rights do the owner have. Thirdly it discusses the judgment of TV show template infringement. Finally it discusses the TV program template infringement method and television program template tort.