A Study on TV Program Format Right

2015 Fiscal Year Final Research Report

• Project/Area Number: 23530133
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: New fields of law
• Research Institution: Kinki University
• Principal Investigator: SUWANO Oki 近畿大学, 法学部, 教授 (60368280)
• Project Period (FY): 2011-04-28 – 2016-03-31
• Keywords: テレビ番組フォーマット権 / 知的財産 / 著作権 / 不法行為 / 放送 / 契約

Outline of Final Research Achievements

Where should we rank TV program format in Japanese law system? It is not a copyrighted work, however, "BIBLE", which is a kind of specification showing know-how when producing a TV program based on the TV program format, is a literary work. A TV program on based the BIBLE can be copyrighted as an adopted work under certain conditions. TV program format is not an "indication of goods or business"(Unfair Competition Prevention Act Art.2(1)(i)). On the other hand, it can be a "trade secret" in this Act until broadcasted. Regarding damages in torts, it is difficult very much to consider TV program format a "legally protected interest"(Civil Code Art. 709) because of the limited interpretation on the words by the supreme court. TV program format can be a "Trust Property"(Trust Act Art.2(3)), however, it is difficult for a settlor to administer it as a Trust Property because there are not acts to protect TV program format itself in Japan.

Free Research Field

知的財産法