Copyright Protection Of TV Format

Under the environment of separation of broadcasting,the trend of scale and industrialization of TV program production industry is becoming more and more obvious.TV format production,introduction and export has become an important part of daily business of domestic TV production companies and TV stations.The international TV format trading market is becoming mature,trading volume is increasing year by year,and the industry has great potential for development.However,one of the phenomena that can not be ignored is that,because the legal nature of the TV format has not yet formed a unified nature in the world,there are serious shortcomings in the legal protection of the TV format.When the TV format is copied,cloned and adapted,the producers of the TV format can not be effectively saved by law.Ji.So we see that every year a large number of cases of infringement of the TV program pattern are brought to court,but few of the successful lawsuits are really supported by the court,and the low cost of infringement will encourage more people to join the team of infringement,which is undoubtedly a kind of enthusiasm for the TV program pattern producers.Serious attacks also affect the healthy development of the TV format trading market.Therefore,it is effective to clarify the legal nature of the TV format,improve the legal system for the protection of the TV format,and incorporate the TV format conforming to the composition of works into the scope of the protection of the Copyright Law.The way.In addition to the introduction,this article is divided into three chapters.In the first chapter,the concept of TV formatis analyzed and two concepts,broad and narrow,are put forward.Then it analyzes the development process of TV formatboth at home and abroad,and points out the legal problems existing in the development process of TV formatthrough the analysis of hot cases.In the second chapter,the author analyzes the judgment results of the relevant cases involving TV program patterns in Britain,the United States,the Netherlands and other countries,combs the protective attitudes towards TV program patterns and the protective methods adopted by various countries,and finds that the legal definitions and protective attitudes towards TV program patterns in Britain,the Netherlands and other countries are changing.In Brazil,the television program pattern is not only regarded as a work and protected by copyright law,but also has produced a case of 4 million in damages for infringement of the television program pattern.In the last chapter,according to the definition of works in China's Copyright Law and the international standard of "dichotomy of thought and expression",it is concluded that the TV formatconforms to the composition of works and is the expression of ideas,and should be protected by copyright.In the last section,the author puts forward two criteria of "contact + substantive similarity" and "element coverage" in judicial adjudication to provide the adjudication ideas for the infringement of TV program mode.