Study Of The Legal Approach For Protecting Television Program Format

Recently, the television program format is becoming more and more valuable. There must be a good format behind a successful television program. The trading volume of television program formats has been gradually increasing during the past several years. The formats are growing to be a key industry of the television. However, the formats, which bring great economic interest, are facing with obstacle of protection by law.The formats could not be protected by copyright law. The mainstream opinion is that television program format is not work protected by copyright law and not deserved protection of copyright law. Following the prosperity and development of the formats, copied or imitated programs also appear to our vision. The formats, which cost the producer or importer pretty much, may be copied or imitated by other companies by the broadcasting of the relevant programs. Such behaviors interfere the order of marketing competition and are unfair to producers or legal licensees of the formats.Firstly in this paper, jurisdiction practices of the past more than twenty years by countries and districts all over the worlds are introduced. Based on the jurisdiction practices, the ability to obtain copyright of formats are gradually recognized instead of denied overall. The nature of expression and originality are gradually accepted by juridical organs from countries and districts all over the world. On conclusion, at this moment, television program formats have not been works which would be refused by copyright law without any doubt.Copyright law is the preferred legal protection approach for television program formats. Based on the case study, the ability to obtain copyright of formats are based on the following elements. Firstly, formats certainly does not belong to ideas or concepts because: there is no clear boundary between idea and expression but a continuous transition; and when the formats have material form, such as reports, format bibles, formats are not ideas but expressions certainly. Secondly, originality of the formats could be recognized as the judgement standards of originality in copyright law are not high. The standard of program formats today are higher than the common ones. Even though, the formats are meet the originality standards. In addition, if comparing key elements of formats and suspected infringed program, it is of much more possibility to decide there is substantial similarity between them. Finally, when comes to refuse of copyright law, the producer of legal licensee of formats could also try to pursue protection by unfair competition law by claiming that the imitator is unfair competing, with theories including but not limited to taking unfair advantage of reputation of producer, depriving trading opportunity.