3D relief model for TV variety shows under IP framework

As stated in the previous issue’s column, the Copyright Law provides important relief measures for variety shows and their rights holders. In practice, courts can provide further effective relief measures for variety shows through intellectual property (IP) causes of action other than Copyright Law. If a rights holder comprehensively considers the various available relief measures and erects in advance a three-dimensional relief (3D) model, it can fully exploit the IP weapons relevant to variety shows to better protect its commercial interests.

‘Copyright’ import contracts

In 2014, all of the most popular variety shows were imported from abroad. The media and programme importers usually term them “genuine imports”, giving people the impression that all that is being imported are the relevant copyrights. However, in practice, there is an innumerable variety of programme imports and co-operation models, making it impossible to subsume them under a single rubric. Their nature can only be determined based on the actual content of the contracts. A so-called “copyright import” contract cannot simply be understood as a copyright transfer or licensing contract, as its nature may also include other IP content, such as trademark, patent or trade secrets licensing. Under the IP framework, only by erecting a 3D relief model addressing the substantive contents of a variety show is it possible to reduce IP losses to the greatest extent and avoid the rapid drop in the socio-economic benefits generated by a variety show as a result of reproduction, imitation, adaptation, etc.

Constructing a relief system

A large portion of the infringements that occur in reality comes from former co-operating partners or from insiders, either unintentionally or intentionally. Sometimes, even before a genuine show has been released on the market, there are already copycat programmes on the scene. As mentioned in the previous column, such concepts as a simple theme or basic idea do not constitute a work, and therefore cannot be protected by copyright.

Wang Yadong is the executive partner and Han Yufeng is an IP Counsel at Run Ming Law Office