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Research On The Copyright Of Variety Show Mode

Posted on:2022-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q DingFull Text:PDF
GTID:2506306482968249Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of variety shows,there are more and more high-quality variety shows.At the same time,the copyright economy has become an important interest growth point of the current variety show,but there is still no universally accepted view on the copyright of the variety show mode.In China,the relevant legal provisions on the copyright protection of variety show mode are not perfect,and there is a blind spot in the legislation.This is mainly reflected in the "copyright law" on the requirements of works,which refers to in literature.The intellectual achievements that are original and can be expressed in a certain form in art and other related fields.Whether the mode of variety show can be expressed in a certain form is not clearly stipulated in the relevant laws of our country.In judicial practice,the experience of judicial organs is less,and the originality standard of variety show mode is vague.When dealing with the copyright disputes of variety show mode,there is no mature and perfect originality evaluation standard.At the same time,people also have weak awareness of copyright.In China,there is no consensus on whether the variety show mode belongs to the category of copyright protection.At present,there are two views on whether the variety show mode belongs to the category of copyright protection.Most scholars believe that the variety show mode belongs to the ideological category,does not have a certain form of expression,does not belong to the content of copyright protection.Other scholars believe that the variety show mode should be included in the content of copyright protection,and the variety show mode is an intellectual achievement with expression form.I agree with the latter point of view,that the variety show model is necessary for copyright protection.Especially in the current period of rapid development of variety show,the copyright of variety show mode has cultural value and economic value.Based on this,from the perspective of discussing the legal attribute of variety show mode and the scope of copyright protection of variety show mode,a time node is proposed.Taking whether the variety show starts to enter the real shooting as the dividing line,the variety show mode is divided into the planning stage of the variety show mode and the production stage of the variety show mode.In the planning stage of variety show mode,it involves various elements of variety show mode.It includes the theme of variety show,the process of variety show,the rules of variety show,the selection of recording personnel,etc.But at this stage,the variety show mode is just a big framework.At this time,the variety show mode is flexible,the framework will change at any time,and it does not have a certain form of expression.In essence,the variety show mode belongs to the ideological category.In the planning stage of the variety show mode,the participants of the production team have rich creativity,but they do not have a certain form of expression,which does not meet the requirements of the copyright law on works.If other production teams maliciously imitate at this time,they can protect their legitimate rights and interests according to the relevant provisions on trade secrets in the anti unfair competition law.In the production stage,the variety show mode will form a mature and complete variety show mode with certain forms of expression.If the variety show mode has originality at this time,it can be protected by copyright.This paper puts forward a new point of view that variety shows can be completed in the copyright stage.
Keywords/Search Tags:variety show mode, works, copyright
PDF Full Text Request
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