Television Program Format Analysis Of The Copyright Protection

Some scholars believe that TV program mode are thought itself, can not get the protection of special protection of literary and artistic works "Copyright Law", can only seek " Trademark Law" within the existing legal framework," Anti-Unfair Competition Law" and " patent protection Law ". However, the " Trademark Law "," Anti-Unfair Competition Law" and "Patent Law" is a natural defect in the TV program mode protection, protection efforts not enough to curb its negative behavior patterns and innovative television programs. TV program mode refers to a standard form of the production of television programs, which is a standard form included in the television program elements (such as studio layout, hosting style, lighting, script lines, making arrangements, etc.) through a complete set of operations procedures and rules are organized into a whole with each other. At the same time, protect the status quo at home and abroad from the perspective of the television model, there is no improvement worth learning theories about television programs mode protection. However, after a study of the television program mode analysis found that it belongs to claim authorship of the work, one object of copyright protection should belong. First, because the model is a television program information through the transfer process can be perceived symbols, so it belongs to " express ideas " rather than belonging to " the idea itself "; secondly, personalized TV program mode with the creators of the ideas expressed, meet the work requirement of originality; once again, outside television program model can be perceived, reproduced with possible, so it has the required work can be copied; Finally, the TV show is the result of human mental model of a human intellectual achievements.For another perspective, the presence of the television program mode into the reality of the need for copyright protection. TV program mode although not explicitly listed as an object of copyright protection in foreign countries, but foreign television industry developed countries have attached great importance to its protection, has now formed a mature television program mode trade market, the economic value of its creation caused the national attention. However, China’s TV industry started late, a lot of TV shows lack of innovation, copying, plagiarism is serious, the television industry showed signs of vicious competition. Therefore, in order to protect the healthy development of the television industry, improve innovation initiative, we should take the lead in building the rule of law in other countries, using force to change this situation.To make the TV industry exists plagiarism solved system, this paper is devoted to the determination of infringement of television programs mode approach. By analyzing more commonly used to determine copyright infringement," two-step "-and " syllogism ", pointed out the flaws reasonable place and where the two methods, and ultimately find a suitable model for determining infringement of television programs approach. In the " syllogism " framework on the basis of this method, the use of " two-step " substantial similarity to determine the full advantage of this system, the integration of the two eventually make up for the lack of " syllogism " comparison method, the formation of a sets more practical methods for determining infringement.