| TV program format is an intangible asset that integrates multiple values.Since its inception,it has quickly occupied the media industry and has become the new darling of the TV industry.As a means of regulating social behavior and guiding the development of the industry,the law has corresponding room for improvement and optimization needs.The lag in protecting the format of TV programs has led to weak market supervision,frequent vicious competition,and programs "follow the trend" and "free ride",etc.It is a common phenomenon,which dampens the enthusiasm of the layout owner while causing the audience’s aesthetic fatigue,which ultimately affects the development of the industry.Therefore,it is imperative to improve the relevant legislation of the TV program format industry and determine an efficient and feasible legal protection model.Although the format of TV programs is common,the public has a vague consciousness,and there is no unified concept,which is often confused with the program itself.As the preproduct of the program,the format of the program is both related and different.The relationship between the whole and the part,the inclusion and the inclusion,is different in sensory effects and legal status.At present,there are basically "framework","element theory" and "rule theory" regarding the concept of program layout.This article combines three viewpoints,learns from each other’s strengths,and defines the program layout as the expansion and refinement from an "idea" to the background structure and program elements,Shooting skills,operating procedures,program rules and other elements,after a series of novel and unique selection and arrangement methods,the formation of technological,artistic and economic value of the advanced TV program products.The program elements can be large or small,movable or static.While maintaining the inherent similarity and continuity of the program,it also reserves independent performance space.It is a dynamic integrated system that determines the operation mode and overall direction of the series of TV programs.Currently,there are various legal protection methods for the format of TV programs,but each protection mode has some insurmountable dilemmas.Copyright,patent rights,and trademark rights only play a protective role for the part of the program format that meets the requirements,and the connection between the partial works,patents and trademarks and the program format as a whole and part is not considered.Although trade secrets and anti-unfair competition can be protected as a whole,the relativity of the contract and the requirements of anti-unfair competition relationship make it difficult to regulate third parties outside the contract and imitation plagiarism that does not have a competitive relationship overseas.Comprehensive protection is a compromise method,but it does not break up the connection between part and part,part and whole,but simply integrates all protection methods.By analyzing the legal protection practices of TV program layouts in different countries outside the territory,summarizing the legislative and judicial experience,combining my country’s national conditions,legal context and legal system,clarifying the nature of the program layout’s intellectual property rights and the method of program layout copyright protection.When the thought expression in the program format can be accurately distinguished,it is of course restricted by the thought/expression dichotomy,but the TV program layout is in a fuzzy area where thought expressions are merged and difficult to distinguish.At this time,the thought/expression dichotomy cannot become the TV program layout the shackles of copyright protection.The international community’s recognition of the copyright status of the TV program format and the similarity between the program format and the nature of the copyright object determine the feasibility and necessity of copyright protection.However,the program format lacks artistic aesthetics,ideological originality,and content.The dependence of display and value play together vetoed its possibility as a work.Although it is not possible to give a work-level protection,the standard of protection can be lowered.Therefore,this article proposes to give protection to the neighboring rights of TV program layout works in our country.There are three reasons: First,it meets the legislative purpose of the Copyright Law.The protection of neighboring rights in the format of TV programs can not only protect the rights of producers,reduce investment risks,but also encourage independent research and development,industrial innovation,and produce more excellent programs,which is fully in line with the legislative purpose of the Copyright Law;The second is to satisfy the development direction of the right object.The format of the TV program satisfies the direction of non-work,dissemination,relevance to the work or work information,and substantive investment in the development of the neighboring rights object;Third,the program layout and layout design are similar in five aspects: production process,organizational structure,social value,existence form,and function.After confirming the protection of the neighboring rights of TV program layout works in my country,the TV program layout rights must be set to clarify the determination of program layout infringement.In terms of rights setting: clarify the rights subject of the TV program layout in the traditional self-broadcasting mode and the professional mode of separating production and broadcasting;Learn from the relevant provisions of the current copyright law,set up personal rights and property rights for the right holders,and stipulate restrictions on reasonable use,statutory licenses,and so on.In terms of infringement determination: In order to prohibit micro-level imitation plagiarism,learn from foreign infringement judgment practices,set up two program format infringement judgment standards for my country,"contact+ substantial similarity" and "comparative analysis of elements".While protecting program elements,pay attention to the arrangement and combination of the elements and the overall layout.In judicial practice,combining the characteristics of the program layout,continuously adjust and improve the methods and standards for similar identification,and seek the most suitable way of judging infringement. |
