Research On Legal Protection Of Variety Show Format

In recent years,the variety market has developed rapidly.At the same time it has been muddy.There has been an extremely serious pattern plagiarism,which has hindered the development of the variety industry.However,due to the vagueness of the legality of the variety show template,it is difficult to protect it as a type of copyright legal work.The originals have encountered infringement but cannot resort to legal channels to protect their rights and interests.Therefore,how to find a path within the current legal system to protect the variety show template from infringement has become an urgent issue to be studied.Subject to the current legal status,several domestic attempts to protect the variety show template,including copyright or patent applications,copyright litigation,and anti-unfair competition lawsuits,all ended in failure.Combining the refereeing ideas of relevant foreign cases and the practice of infringement identification of literary works in the judicial field in China,the most suitable way for the current legal environment in China is to use the variety program template as the element of works to protect the copyright law.That is to say the variety show template will be split into work elements,and only the corresponding elements are compared to confirm whether there is s substantial similarity.At the same time,it is more appropriate to unblock the protection channels of the unfair competition law as supplementary protection.