The Analysis Of The Legal Protection Of Chinese TV Program Format

Television format is booming around the world,and the lack of legal protection restricts the long-term healthy development of the industry.Therefore,the analysis of the legal protection path of TV program format is helpful for us to solve the problems in practice.This paper is mainly divided into the introduction and the text of five parts,starting from the basic category of TV program format,through the analysis of the theory and practical predicament of TV program format protection,from the copyright,adjacent rights and other legal perspectives,put forward their own suggestions on the specific protection path of TV program format.The first part of the text expounds the basic categories of TV program format from the concept and composition.Based on the analysis of "frame theory","element theory" and "synthesis theory",this paper gives its own definition and name for the format of TV programs.That is to say,the format of a TV program is a frame structure arranged by the special elements that make up the program different from other programs according to certain narrative logic and overall planning.This frame structure can be used as a guide for the repeated production of the same series of programs.Starting from the definition of TV program format,this paper classifies the constituent elements in terms of creative elements,technical elements and commercial elements,and clarifies the main constituent elements of TV program format and the important roles they play in TV programs.The second part elaborates the dilemma of TV program format protection from both theoretical and practical aspects.On the theoretical level,it is controversial whether the format of television programs is protected or not.The affirmer believes that from the legal and philosophical basis of intellectual property rights,it is necessary to protect the intellectual labor and spiritual ideas embodied in the format of television programs,so as to encourage innovation and promote cultural prosperity.Opponents believe that from the semantic understanding of the dichotomy of thought and expression,TV program format belongs to ideas,but the author thinks that this is a narrow understanding of the meaning of ideas and expression in the field of intellectual property.Ideas and expressions should be used as proxies for unprotected and protected parts of a work.Opponents also analyze from the Angle of law and economics,holding that most of the income from works does not belong to the real authors,and the protection of copyright only brings benefits to capitalists.However,the TV program format is based on certain material conditions,and the power ratio between the real creator and the disseminator is different from that between the traditional author and the publisher.The legal protection of the TV program format can really benefit the creator and thus achieve the incentive effect.Then,this paper discusses the realistic predicament of Chinese TV program format industry,and discusses the necessity of legal protection of TV program format from the aspects of orderly competition,longterm development,industrial policy tendency,industrial development stage and future trends.The third part analyzes the possibility of TV program format protection from the copyright path.Starting from the definition and composition of "works" in copyright,it is believed that the concept of TV program format and works is highly similar.The format of the TV program is original,expressed in a certain form and conforms to the composition of "works".Then,according to different format types of TV programs,it is included into different categories of works.Finally,the author expounds the key points of infringement judgment when using copyright path to protect the format of TV programs: through internal and external detection method to analyze whether the material similarity is formed,supplemented by the judgment of contact possibility,comprehensive consideration to determine whether the infringement is constituted.The fourth part analyzes the possibility of format protection of TV programs from the path of adjacent rights.For this part of TV program format whose originality is not up to the copyright protection standard,we can seek neighbor right protection.Through the analysis of the existing object of adjacent right,it is found that the object of adjacent right is expanding from the protection of the right of communication of works to the protection of unoriginal or less original intellectual achievements.In the right setting of TV program format,the main property right should be owned by the production company,and the personal right with the right of authorship as the main content belongs to the producer.According to the way of realizing the format value of TV programs and the actual infringement situation,the right of adaptation is the main content of its rights.The protection period of the adjacent right of TV program format should be about 10-50 years.Finally,in addition to the protection path of copyright and adjacent right,the feasibility analysis is made from the perspectives of anti-unfair competition law,civil code contract compilation,trademark law and trade secret right.The protection strength of civil code contract compilation and trademark law is weak,while the protection effect of anti-unfair competition law and trade secret right is good.In the supplementary protection means of TV program format,the coordination and self-management of relevant industry organizations will promote the self-discipline of the industry and help the development of the industry.