| Nowadays with the rapid development of TV entertainment industry,many television stations try to introduce high-quality television program templates from abroad in order to enhance the attractiveness of their television programs.However,there are programs similar with the popular one appearing.The phenomenon of homogenization is more and more serious.Currently,the legal distributes of TV program format in China is not clear,resulting in disputes can not be resolved effectively.Somebody advises that TV program format should be protected by "Copyright Law",but some scholars argue that the object of copyright protection is expression rather than idea.They think program format is an abstract idea.So it can't be protected by "Copyright Law".If distributes can't be resolved effectively,it is hard to stop copying events which will dampen producer's creative enthusiasm.In the long run,it is not beneficial to the development of China's TV entertainment industry.Since the trading volume of TV program templates is rising,the legal protection can not be delayed.This paper adopts the methods of literature research and comparative analysis.Through the discussion of the nature of the template and comparing foreign cases,this paper tries to prove the rationality and feasibility of protecting TV program formats under "Copyright Law".In addition,in order to enhance the feasibility of judicial remedy,this paper explores the infringement cognizance standard and puts forward some suggestions about perfecting the TV program template protection.This paper is divided into four chapters:The first part is about the status of legal protection at home and abroad.In our country,there is no separate legal provisions which regulate the creation and transaction of the TV program format,so this part mainly discusses the multiple protection for the template in the current legal environment.The second part attempts to prove TV program formats can be protected by"Copyright Law" from the standpoint of the dichotomy between thought and expression.Works with originality is a premise of being protected by "Copyright Law".If the TV program format is designed specifically enough to be distinguished from those similar style programs,it can be defined as "an original expression"which can be protected by "Copyright Law".The third part tries to put forward the infringement cognizance standard of TV program formats,which can enhance the feasibility of judicial remedy,in reference to foreign cases and copyright infringement cases of our country.The last part gives some suggestions about perfecting the TV program template protection.The copyright registration of TV program templates can provide convenience to confirm the owner of TV program format when dispute happens.At the same time,We should strengthen the self-discipline of the industry to create a good environment for fair competition.The purpose of this paper is to prove the copyright status of TV program templates which can give them a comprehensive legal protection.The content of television program templates constantly enriched.Our perception of it can not just stop at the level of"thought".Each TV program template needs analyzing particularly.Only in this way can we really protect the designers' rights and give them more motion to do creative things. |
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