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The Legal Protection of Reality TV Program Format

Author: LinZuo
Tutor: LiaoZhiGang
School: Southwest University of Political Science
Course: Intellectual Property Law
Keywords: Reality show layout Copyright law Competition Law
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 79
Quote: 1
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Abstract


As determined by the program layout is not a legal concept, which cause countries to show the layout of the legal protection today. The healthy and sustainable development of the layout of the legal protection of the reality show related to TV entertainment. This paper focuses on the program whether the layout should have access to legal protection, and how to start on two aspects of the legal protection, in an attempt by the necessity of legal protection of exposition and analysis of two different legal protection mode, to provide legal protection for our reality show layout useful suggestions. The main contents are as follows: The first part is to define the layout of the reality show. This part of the first explanation of the meaning of this program in the form of the reality show. Reality show as a television program, and is a true record of the artistic process of competitive behavior in a specified context of voluntary participants, the purpose of pre-set, in accordance with specific rules carried. Second, explain the meaning of the program layout. Combination of the program layout form the structure of the program series from which the different aspects of the program, the fixed and recurring elements in order (for example, specific types of events designed, slogans, scenes and music). The second part describes the need for legal protection of the layout of the reality show. This part of the existing legal negativism first listed and one by one to refute. Original reality show layout high costs and low marginal costs, will lead to the layout producer clone rather than layout innovation biased in favor of the layout; while the behavior of the multinational copy of the layout and the first copy will weaken or even offset the pre-existing encourage layout innovation the role of market incentives. Followed by analysis of the role and significance of the legal protection of the layout of the reality show. Legal protection can help to encourage and promote the innovation of the reality show layout helps the healthy and sustainable development of China's TV industry. The third section describes the reality show layout copyright protected mode. First analysis of the expression level of the original program layout. With the program layout on the production of mature and specialized themselves from the Copyright Act requires originality of expression will be getting closer. Followed by analysis of the type of reality show works. Written layout reached the originality requirement of copyright law, can constitute written works. Written layout itself can not be a dramatic work, it is also impossible to protection of copyright law as part of the dramatic works. Program layout can be considered as the content of the movie work. Finally, the analysis of China's copyright law to protect the environment. Our film works are original works rather than derivative works, plaintiff filed a copyright infringement lawsuit, the possibility must be based on the defendant's contacts layout determine the type of program layout works. The fourth section describes the layout of reality show competition law protected mode. First introduced system deobfuscate. First, the analysis of the damage caused to the program brand confuse; two the two legal mode deobfuscate analysis, they are fake and the complaint and trademark laws. Focus on three elements constitute counterfeit v. identification and program layout issues were discussed in detail. Secondly, trade secret law. The secret program layout. Finally, analysis of competition law to protect the environment. First, China's current judicial practice the program layout deobfuscate protection in China has become possible; program layout to get the protection of our trade secrets law, China must expand the types of provisions on trade secrets.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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