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On The Protection Of The Copyright Of The TV Program Mode

Posted on:2017-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:X L YanFull Text:PDF
GTID:2356330512472465Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Television program mode refers to the standard style of a particular television program,consisting of a series with intrinsically linked to the TV program production elements,these programs make a combination of elements of the equivalent of a mold,to produce a particular TV programme.Nowadays,it has become a common phenomenon in the television industry to buy the best TV program and make the corresponding TV program.The transnational trade of TV program mode has already become a huge industrial chain.In our country,some well-known TV shows such as"the voice of China","Dad,where are you going",is to buy foreign TV program production.But in real life,there are a lot of copying the phenomenon of TV program mode.As a new type of works,the television program mode is not the object of protection of copyright law in China.Thus,when the television program mode is copied by others,the television program mode of the buyer or all of the people and can not get relief through the copyright law.China's lack of existing protection system,led to the construction of TV program mode of the system of copyright protection in our country needs more and more urgent.In this paper,in addition to the introduction section,also includes the following five parts of content;The first part,the controversial TV mode reasonably defining the concept,clear the specific content of TV model,put forward to protect TV model has important practical significance.The second part,by analyzing the existing protection methods in China,it is pointed out that the only way to protect the TV program.The third part,this paper introduces how the west by the copyright law,anti-unfair competition law to legal protection,TV model and analyze the different ways of protection mode for the television programmes for western countries.Then it is concluded that,our country should learn foreign experience in TV mode for integrity protection.The fourth part,the protection of the copyright law shall apply to our country TV model for legal analysis.Through reasoning TV model have the constitutive requirements of our country's copyright law works,in the category of claims be included in the protection to copyright law.TV model and further argument works as a new kind of rationality,points out that with the kind of work.The fifth part,perfect the system of TV model of copyright protection in our country.First of all,through to the "copyright law implementation regulations" modified to include TV mode in our country shall be protected by the law in the category of the object.Second,clear TV mode of right subject,right content and tort liability.Finally,improve the judge television program mode infringement standard,that the application of"general audience" as originality and substantial similarity to judge the subject,and to refine the relevant judgment rules.
Keywords/Search Tags:Television program mode, works, copyright, legal protection
PDF Full Text Request
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