电视内容产业的版权战略
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Abstract

The development of media technology put an end to the “channel hegemony”,and made the TV content industry win the opportunity for independent development. The TV content industry not only owns the property of “attention economy” in traditional concept,but also the property of “copyright economy”. It is an important part of “the core copyright industry”. The copyright plays an important role in the development of TV content industry:copyright protection is the legal premise of industry development,copyright content is the core resources of business operation,copyright trade links different industrial chains.

However,for a long time,the law environment,TV system and the way of industry resource compensation have been simple and rigid,Therefore,copyright has not got enough attention of the TV industry. At present,great necessity to carry out the copyright strategy has been shown for the TV content industry in the environment where the technology development impacts it,industry profit channels are expanded,managing modes change,foreign trade are strengthened,and the nation is implementing the intellectual property rights strategy. On this basis,this paper puts forward three approaches of the TV copyright strategy:perfecting copyright protection system at the macroscopic level,optimizing the copyright trading market mechanism at the medium level,and strengthening enterprise’s operation and management of copyright in the micro level.

Specifics:

Firstly,the TV content product’s copyright nature and the rights affiliation should be clarified. This book,based on the “copyright law” and its revision draft of “reality” and “reality-to be”,and combining the theory of “ought to” exploration,TV content products can be divided into core products,related products and extension product,and analyzes the nature and attribution of their rights in detail.

Secondly,after having summarized the historical evolution,the main framework and the development trend of TV rights protection system,ideas and specific measures are presented on providing and carrying out a copyright protection system. The paper clarifies the TV show copyright and the content of the right of broadcasting organizations,and gives advices on their proper integration and extension,It also gives analyses on the infringement of TV copyright in terms of production,trade and communication(or use)and the consumption of the whole process,and categorizes the infringement into direct infringement and indirect infringement. Accordingly,the recognition of direct infringement should adhere to the principle of no-fault,but draw a line between upstream and downstream industry chain in imputation. The recognition of indirect infringement in the network should be adhere to the principle of fault,yet take its business model into consideration when the “safe haven” rule is applicable. In addition,the prevention and relief for infringement of copyright should also be strengthened by judicial,administrative and technology-protective measures.

Thirdly,the development of TV copyright trading market is the key to promoting the formation of TV content industry chain. This book analyzes the trading subject,trading object,trading channels,and ways of trading. Meanwhile,after the research on the structure and evolution mechanism of the market,the author thinks that the main problems of the current TV copyright trading market are as follows:the concentration of sellers at a low level,the monopoly of buyers and the unequal statuses between sellers and buyers. However,the development of TV rights can form a new “content-centered” organization structure through the synergy of three forces:technology innovation,institutional change,enterprise self-organized behaviors.

Finally,for the TV content companies,the copyright assets are the most valuable strategic resources,requiring enterprises to strengthen the administration and operation of them. The author believes that copyright asset management should become the basic system within television enterprises. In return,TV enterprises should make the system more systematic,and make innovations in management processes,management contents and management methods. As for specific management measures,the television enterprise should strengthen the right confirmation and liquidation to make sure the rights are clear and reliable. Simultaneously,the management of copyright contracts and copyright information should be enhanced and the protection of rights should be reinforced. In terms of copyright operation,through the analysis of the economic characteristics of copyright property,this book offered four proposals:window strategy and price discrimination strategy based on cross media communication,brand operation strategy based on development of derivatives,stock revitalizing strategy based on the “long tail effect”,and copyright capitalization strategy based on “future interests”.

Keywords:TV Content Industry;Copyright Strategy;Copyright Protection;Copyright Trading Market;Copyright Asset Management