Research On The Protection Of TV Formats

The TV format is centered on the theme of the program.The combination and arrangement of program elements in the form of program form condenses the labor and wisdom of the creator.It is a creative intellectual achievement and has the necessity of legal protection based on the principle of balance of interests.Neither the Continental law system nor the Anglo-American legal system protects it,and it is rare to protect it separately in practice cases.China's "Contract Law","Anti-Unfair Competition Law" and "Trademark Law" and international industry self-regulatory organizations are unable to provide comprehensive protection.In practice,the phenomenon of plagiarism is rampant,and how to seek the rights protection of TV formats has become the bottleneck of the current TV formats development.The full text is divided into four parts to discuss the protection path of the TV formats.The first part introduces the huge commercial value and the necessity of protection of the TV formats.The second part mainly explores the definition of the TV formats and the concept of TV program form.The theme of the program is the center.The combination and arrangement of the program elements in the form of the program form the creator's labor and wisdom,and it is a creative intellectual achievement.The third part introduces the protection methods and methods of the current civil law system,the Anglo-American legal system and the industry self-regulatory organizations on the TV formats,as well as the attitude of China's legislation and judicial practice on the TV formats.This paper analyzes the current scholars' discussion on the nature and concept of TV formats and the opinions on the protection of TV formats.The fourth part believes that a new path should be sought to protect TV formats.Through the conceptual analysis of TV formats,it is considered that due to the publicity of the constituent elements and the narrowness of the creative space,it is difficult for the TV formats to meet the originality requirements of the work and cannot be identified as works.In recent years,the concept of traditional neighboring rights only protecting the rights of propagators of works has been gradually broken.Civil law countries have now attempted to extend the object of neighboring rights to objects that are not original but have a certain form of expression,such as databases,news headlines,and so on.China's "Copyright Law" follows the legislative model of the copyright law of the civil law system.From the legislative expressions and judicial practice,it can be seen that the originality of the works is relatively high.Therefore,China can follow the same legislative logic and will include TV formats.The less original intellectual achievements are included in the protection,which meets the institutional value of neighboring rights protection investors and can reduce the legislative cost.Starting from the commercial nature and protection purposes of the TV formats,the main method of its use is to shoot into a TV program and conduct foreign rights transactions,and should focus on protecting its deductive rights.At the same time,for the short-lived characteristics,a shorter protection period should be set according to its life cycle.