A Study On Copyright Law Protection Of Television Program Format

As the economic value of television program format has risen,plagiarism and legal disputes about TV program format had also increased.However,the legal debate history on the TV program format is relatively short,so there is still no clear consensus.How to define the concept of TV program format will determine whether it is protected or not by copyright law.Therefore,a clear definition of the TV program format is the most important step to judge whether the TV program format is protected by law.This paper first integrates the views of the industry and the legal community on the TV program format,and defines the TV program format.Next,as a legal protection method for the TV program format,a detailed analysis of the application possibilities of the Copyright Law,the Trademark Law,and the Anti-Unfair Competition Law.Finally,substantively similar criteria for the television program format are discussed.Through the judgment of foreign courts,the opinions on the copyright law protection of the TV program format and the substantive similarity judgment standards are put forward.This paper studies the above problems and draws the following conclusions: The TV program format refers to the elements that constitute each segment of a TV program,as well as the choice,arrangement and combination of ideas,which is the framework maintained throughout the series.TV program formats are difficult to obtain complete protection through the Trademark law or the Anti-unfair competition law,and protection through the interpretation of copyright law becomes the most appropriate means of protection.In judging the substantial similarity of the TV program format,do not separately compare and analyze the individual elements,but compare the total concept and feel with the form of selection,arrangement and combination.This paper concludes that the consistent views of foreign countries on the concept of TV program formats and the latest changes in foreign courts on substantive similarity criteria are appropriate and worthy of reference.