Study On The Judging Standard Of Tv Program Model Rights And Interests Dispute

There must be a commendable TV program model behind excellent TV programs.With the continuous development of TV culture industry,the trading volume of TV program model increases continuously.A large number of excellent TV programs are introduced by TV operators at a heavy cost.However,due to the unsound domestic laws and the popularity of a certain program,the phenomenon of domestic TV programs copying each other and following suit is serious,which seriously damages the healthy development of TV culture industry,such as hunan satellite TV has proposed jiangsu TV's dating show "if you are the one" to the "let's date" of plagiarism.TV model in the protection of the law remain the embarrassing situation in our country,this has become an opportunity to study the legal rights and interests disputes of China's TV program mode.The main view of the academic world is to consider that the TV program mode is not a work in the meaning of the current law,and that the TV program mode belongs to the ideological category,which cannot be protected by the copyright law,the current laws and regulations do not have any provisions on the protection of TV program formats,which results in the TV program mode being in the vacuum class that is not protected by law,so that a large number of copy-copied programs will be kept up,seriously disrupting the market order and preventing the orderly development of China 's television program industry.The reasons why the TV program model can be supported by the judicial judgment are as follows: first,the TV program model belongs to the object protected by the copyright law.Dichotomy of thinking and expression shows that the copyright law to protect the concept itself is not mind the originality of expression is the key of the copyright law protection.However,the TV program model does not belong to the category of thoughts entirely.The TV program model embodies thoughts in visible forms by means of feasible programs and program bible,and has a fixed carrier and replicability.Second,TV mode gradually are protected by the copyright law is the copyright of expanding trend,TV show as the object of has exchange value and can be recognized by the market,laws related to its essence is to protect intellectual property rights has a market value of the object.Third,TV model trading belongs to the market behavior,can through the anti-unfair competition law,trademark law,the relevant legal provisions of contract law and labor law as the standard.This paper will analyze the nature of the TV program model,and demonstrate that the rights and interests of the TV program model should be supported by the judicial judgment,and what kind of judgment standards should be adopted.By analyzing the typical examples of countries in the world,it shows that the TV show model has been protected from the law in the judicial practice of all countries,and from the whole point of view to the gradual acceptance,the originality and the expressiveness of the television show has been recognized by the world's academic and judicial practice,and it can be said that the television show model is protected by the law of the copyright and it has certain inevitability.Failed fully to protect the rights of TV model in the copyright law of the stage,through the opportunistic behavior of anti-unfair competition law,such as improper imitation theory,can be supplemented by anti-unfair competition law and other legal rights,but there is a certain degree of limitation,competition law only protect against improper competition in the same competitive environment of wrongdoing,and domestic and foreign TV show is not in the same competition environment,foreign television producers,protest against domestic copy follow suit emerge in endlessly,greatly damage the cultural image in China,this social effect needs to be taken into consideration by judges in judicial adjudication.TV model protection in China is still blank in legislation,but with the development of TV culture industry,related rights disputes.In China,TV program mode should be brought into the object of copyright law.When solving relevant disputes,Chinese courts should make clear the legal positioning of TV program mode and the social effect of the case by combining the principle of substantial similarity,the principle of element coverage and the principle of syllogism.At the same time,specific laws for the protection of rights and interests of TV program mode should be made clear by combining the trademark law,anti-unfair competition law,labor law,contract law and other relevant laws.