Abstract [eng] |
„Aspects of Legal Protection of TV Program Formats” – this is the topic analyzed in this work. The first TV shows based on the TV program formats have been launched in the early 1960’s. The number of TV shows based on TV program formats, their popularity and the profit has increased a lot. According to these factors, the owners of TV program formats are interested in the legal protection of these works in order to maximize their profits. Therefore the foreign case law and doctrine has been analyzing the possibilities of legal protection of TV formats for a long time and still is. However, neither Lithuanian case law, nor doctrine deals with this question. The foreign case law and doctrine usually discuss the possibilities of copyright protection of TV program formats. The advantages of copyright protection are manifold: copyright arises on creation and continues for a statutorily defined period irrespective of registration or promotion. It can be transmitted by will, licensed or, as in common law countries, also be assigned. Most importantly, copyright is governed by a number of international treaties and can easily be made the subject of international transactions. According to these aspects, this work is mostly concerned with the copyright protection of TV program formats. However, the foreign courts are still reluctant to provide TV program formats with the copyright protection. Consequently, the foreign legal doctrine and the industry of TV program formats are looking for other types of protection. Writers of formats and broadcasters of TV shows rely, among other things, on unfair competition, breach of confidence, trade marks, domain names. Moreover, the common law countries also rely on passing off. Thus all these legal protection forms are analyzed in this work. Besides, this work also indicates the advantaged and disadvantages of every legal protection form comparing to the protection assured by the copyright law. |