The Reseach On The Copyright Protection Of Television Programme Format

The trade in TV program format has become an international industry, which has agreat market potential and commercial value, its central role in the TV industrycompetition gets more and more recognition. But the "cloned" storm in TV industryfrom home and abroad in recent years makes the contradiction between the orderlydevelopment of TV industry and inadequate protection of intellectual propertyincreasingly prominent, it has become a common focus in TV industry and the legalprofession on how to protect TV program format effectively. The legal professiongenerally support the establishment of such a protection system, which is based oncopyright law, and supplemented by Anti-Unfair Competition Law. Anti-UnfairCompetition Law, however, is difficult to be applied in relevant cases, due to thenature of relationships between the actors and the nature of the behaviour, neithersatisfy the requirements of the protection in most situations. The clause thereof toprotect business secret cannot ensure the whole process of television programmeformat trades safe.The article analized the published opinions on if and how the author`s right protectionshould be provided to television programme formats, and comparatively studied casesof UK, America and Europe. It draws such conclusion that television programmeformats possess the nature of expression instead of only an idea, which deserves theprotection of right of authorship. It was discussed in the article on key points to conclude the nature of the television programme formats and to establish theinfringements.