Research On The Copyright Protection Of TV Variety Shows

The rise of research on the copyright protection of TV variety shows is the result of the continuous development of intellectual property in the world in the past 50 years.The development of China's TV variety shows is relatively late compared to foreign developed countries.In many cases,the production of China's variety TV programs is also localized and re-created by purchasing copyrights of programs with higher ratings.However,along with the development of the domestic TV industry,in recent years,the mainstream TV stations in China have become increasingly fierce in the competition of ratings,and the phenomenon of copying foreign variety shows has occurred in the context of variety shows and creative singles.In the process,some TV stations have imitated the interests of various rights holders by imitating some of the foreign variety shows and winning the ratings.These behaviors not only infringe on the legitimate rights and interests of the rights holders of variety shows,but also to some extent The enthusiasm of the creators for innovation has also led to the continuous enhancement of the homogenization of TV series on the TV screen.How to strengthen the protection of variety shows and prevent the occurrence of plagiarism has become the focus of attention from all walks of life.In China,the relevant laws and regulations on variety shows are not clear,the system is not perfect,resulting in low cost of illegality,making the offenders take risks under the temptation of low cost and high income,which in turn leads to disorderly competition in the TV program market and affects the health of the market.development of.Therefore,the improvement of legal norms and the clarification of legal provisions are important prerequisites for the copyright protection of China's TV variety shows.This paper analyzes the status quo and problems of copyright protection in China's TV variety show,examines relevant foreign legal systems and practices,and proposes the basic ideas for perfecting the copyright protection of TV review programs in China.This article mainly includes four chapters:The first chapter first explains the basic concepts of TV variety shows,mainlyon the concept,classification and copyright protection of variety shows.According to the existing literature,China's research on the definition of variety show concepts is not particularly sufficient,especially for the classification of variety shows including variety show images and variety shows.Accurately defining the concept of TV variety shows is of great significance for clarifying the legal nature of TV variety shows and for demonstrating the status of TV variety shows in the Copyright Law.The second chapter mainly analyzes the status quo and main problems of China's TV variety copyright protection.This section is divided into four sections.The first part is the qualitative issue of TV variety shows.There are controversies about the qualitative nature of variety shows,mainly movies or works created by film-like methods,compilation works,video products,and disputes of three viewpoints.The second part is about the definition of originality standards for TV variety shows.The definition of originality is an important factor in determining whether a variety show is copyrightable and protected by copyright law.However,there is still no clear standard on the originality of variety shows.standard.The third part is the definition of infringement of TV variety shows.In reality,there is no unified infringement judgment standard for variety shows,which not only causes a large number of homogenization of variety shows,but also makes the copyright disputes of variety shows continue.The fourth is the issue of compensation in the copyright infringement case of variety shows.In practice,the infringement compensation standards for variety shows are different,and the actual loss of the copyright owner cannot be determined.In practice,the standard of copyright infringement compensation is referenced.However,it is not appropriate to adopt the same management method and the same legislative provisions for variety shows and traditional works.The ordinary copyright compensation standard is applied without considering the particularity of the variety show.The third chapter is the study of the legislative provisions and judicial practice of variety shows.Analysis of the reference significance for the protection of China's TV variety shows.Through summarization,the author finds that all countries have a mature theoretical system and practical experience in the determination of the originality of the variety show and the standard of infringement.This has certain reference value for perfecting China's perfection of the copyright protection of TV variety shows.In view of the unclear definitionof the originality of the variety show in China,through the successful experience of the author's rights law system and the copyright law system,we find the standard that is suitable for the originality of our work,with a view to using it for our country.In view of the unclear definition standards of China's variety show,the regulations of the United States,France,the Netherlands and other countries are listed,and a certain degree of reference and comparison is carried out.By comparing and discovering the status quo and existing problems of the copyright of China's TV programs,it is proposed to create and improve China.Recommendations for the protection of television variety shows.The fourth chapter puts forward relevant protection countermeasures for the main problems of TV variety shows in China.In response to the four major problems in the variety show in China,the corresponding countermeasures are proposed.Regarding the problem of unknown property of variety shows,TV programs can be characterized as movies or movie-like works as content protected by copyright law.In view of the fact that the originality standards and infringement definition standards of TV variety shows are unknown,we can learn from the successful experience outside the field and combine the reality of our country to establish the originality judgment standard of unified TV variety show and establish the standard of infringement of unified variety show.Regarding the different compensation standards for TV variety infringement,a series of measures such as compensation standards for infringement of TV variety shows and increased compensation can be implemented to achieve the soundness and perfection of TV variety protection under the conditions of economic globalization.