Reflections on Television Format Right

Abstract：Along with the rapid development of our country economy， people's increasing materials and cultural demands， which means a large number of excellent TV programs come out. The excellent programs which are based on foreign programs that are paid a lot of manpower and financial resources to through carefully localization， are becoming more and more popular.At the same time， TV programs also are faced with plagiarism crisis， due to that TV programs can not to become a brand. This article discusses how to protect the TV show more rationally.

Key words：TV rights；Television format right；Copyright protection；

中圖分類號：D920.4 文獻標識碼：A 文章編號：1674-3520（2015）-03-00-02

Chapter One Introduction

A series of bought foreign excellent various shows on TV rights of popular programmes，for example， \"I'm a singer\"， \"the Voice of China\"， \"When Shall We Travel Far\"and so on，record high and gain good reputation. So far， most of TV shows have been purchased from foreign television format.The key of copycat is not in accordance with the law.Therefore，the words have a direct reflection of the fact that the TV program format can not attract copyright protection.①

Chapter Two Television copyright and the origin of the Television Format Right

A large number of television programs have been imported in China，the period has experienced from the complete content of TV programs to TV format. The initial stage，broadcast and TV organization protected the Television show by the transfer of a set of program.For example，Thailand Zhengda corporation owned the content of\"Zhengda variety show\".Chinese import company would dubbed into Chinese.

At the present stage，we need to research how to protect the Television format.Apparently，Television show lays stress on the process of the show is a dynamic statement.On the contrary，the Television format is more focus on static statements.②

In the first place，TV station should determine the creative idea of a TV show.After that，the idea should be packaging perfect.A Television format should set up a distinctive style and definite the target audience，so that its outline seems clear at every turn.What’s more，a radio station or television station designs all elements which including music， rehearsals， plans， specific part of the programme name，trademark and so on.Finally，broadcasting corporation will build a set of complete program.Most of media people believe feature localization is key to any market.Big success comes from small， consistent changes.

It is because of Television format determines the level of the program that import company works to connect audiences with local culture.From previous experience，we can conclude that success not only rely on hard working but also protecting TV format urgently.Britain supreme court confirmed the decision： \"format is repeated in each performance show features of comprehensive\".A perfect Television format is characterized by long-term and allowing copyright owner a repeating performances.

Chapter Three， TV format right analysis

With the development of television industry in China，all TV channels’competition from show to the format.Television format is not protection scope of the patent law.It comes from the scope of patent exclusions which would be limited to\"rules and methods of intellectual activities\".None of the trademark-related cases has been seriously disputed，but the scope of protection too narrow to protect.For example，the court provides the greatest degree of protection for\"the voice of China\" intellectual property which is limited to the \"V\" and \"the voice of China\" logo.We can draw the conclusion，the protection of Television format is just a drop in the bucket.According to the above，the features consist of some key requirements：an original intellectual creation that subsists in tangible form.

TV format right has to be protected by signing contract.The measure might yield better results and got high quality.What’s more， they have been willing to attract local people in order to consistent with the view of social value.

As a result，the British high court confirms the format rights decision which change the trend of copyright protection.The judge noted that scripts are more susceptible to protect.③In conclusion，the TV format can be in the form of script under protection.

Chapter Four The defects of TV format right

Producers could not find a legal basis for protection in reality.Once meeting the right is violated，they often in a state of lacking effective and legal way.According to the authoritative view：firstly，thought which protected by copyright law leads to natural monopoly；Secondly， copyright law can not determine thought starting point of the protect time；Thirdly，this principle has been universally acknowledged as a dividing line between the copyright and other rights.④From the international point of view，there is no a national consensus of television format for copyright protection.⑤

Chapter Five The reflection to the TV format right

We must consider the purpose of copyright that is to promote the creation of knowledge spread and maximize the public interest. Law used to implement produces’ profit approved.Scholars Jessics Litman puts it， \"copyright trading is put in the public interest as the first consideration\" ⑥. That's what copyright law is all about.Copyright plays an important part in the intellectual property.⑦

Intellectual property rights which considered as a factors resulting from policies is to regulate the technology industry means.So we must full consider national conditions about the protection of intellectual properties.As the middle of the 19th century， the German famous economist found the theory：developed country trying to \"kick away the ladder\".⑧

We can draw the conclusion，the format of the Television show is a core role of the program.As a criterion，TV format is a kind of solution.⑨Scholars admit the definition：the audience can cognitive program.In another word，they will be observed different from other through TV framework\"⑩ .

The traditional property rights is build on the ideas of free competition natural law. Berne convention\" regulation：the copyright has obtained the effectiveness of the \"initial evidence\".

In the whole world，Television format attracts copyright protection which made the television format holders in a weak position.At the same time，a complete set of mature program model package contract to safeguard the fundamental interests.

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