| As the increasing advance of world economic globalization and trade liberalization, TV and film industry have enhanced relatively. The template of TV programs as a kind of emerging creative economy has made apparent breakthrough. Seeing from nationwide, it arises from the Great Britain, and becomes prevalent in Europe and US, improving at astounding rate. Many countries already have some companies which specialises in the production and the trade of TV programs template. While in China, due to the late development of television program, especially the variety shows, the original production of variety show is recreated locally through buying the copyright of foreign program which shares higher ratings. However, with the development of the domestic television industry, the domestic television stations introduces those foreign programs which have good audience reaction so as to achieve high ratings, at the same time each station also gradually imitate each other and even replicate other programs. Domestic television are suspected of plagiarism for imitating others based on their production of TV program, which should have been paid to the copyright because of the highly similar content, which not only infringes upon the legitimate rights and interests of the obligee, discouraging the innovative enthusiasm of the creator to some extent, but also leads to a great number of similar TV shows on the TV screen, exerting adverse impact to TV industry. Therefore, infringement disputes between domestic obligee or foreign copyright owners and plagiarism or domestic imitators is constantly expanding, it is much more common for the creator to protect their original right.At present, China has not established explicit and specific protection system for TV programs template, but some countries belonged to Anglo-American law system have begun to explore the protection of the TV programs template in the judicial practice, and some international organizations of mainland legal system also begins to discuss about making efforts to the legislative regulation, trying to make TV programs template legal protection regulated according to the explicitly stipulation, thus guiding judicial practice, which draws great attention of the industrial circles. In our country, legal provisions of TV programs template are not clearly defined, and there is not a clear court decision in the judicial practice, which is the root of the escalating phenomenon of plagiarism. Lacking in explicit statement and legal sanction made law breakers believe that the illegal cost is low and take risks for the sake of high benefit,resulting in the disorder of the competition in the TV program market, which is much more detrimental to its development. Therefore, it is necessary to establish a perfect legal protection system for TV programs template, which is the key to the healthy and orderly development of the TV market, which needs legal means comprehensively.Through analyzing the current situation of Chinese TV programs template protection, this article makes a comprehensive summary about the existing problems and propose some ideas for improvement. In addition, there is not clear conclusion in both legislation and theory about which law should regulate TV programs template; whether can implement integrated protection through other laws should be defined, thus maintaining the originator’s rights. The writer deems that the problems stated above should be probed and researched deeply from theory and practice, that we should clearly define the implication and connotation, legal nature and the specific legal protection form of TV programs.The authors of the article attempts through the five parts to study legal protection of TV programs template,thus consummates our country industry development program template. |
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