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A Review of the Possibility of the Protection of Broadcasting Program Format as a literary Work:Application of the Theory of Narrative

  • DONG-A LAW REVIEW
  • 2017, (75), pp.281-310
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : April 6, 2017
  • Accepted : May 24, 2017
  • Published : May 31, 2017

HAN TAE IL 1 Namkyung Yeon 2

1한국건설기술연구원
2이화여자대학교

Accredited

ABSTRACT

Given its characteristics, it is not sure that a broadcasting program format is the expression in idea-expression dichotomy. For this reason, whether the format is accepted as a copyrighted work is unclear. So, there was a trial of protecting a broadcasting program format as a compilation work. However, it is related to the protection of its compilation method, and ends up raising the issue as to whether it is an expression. Therefore, this study used the traditional theory of narrative to find whether a broadcasting program format is considered to be a literary work, in the point that a broadcasting program format is a narrative, The application of the theory of narrative to idea-expression dichotomy brings about the following result: According to the theory of narrative, a master plot becomes an idea and an individual plot and a discourse are expressions in the idea-expression dichotomy. When that is applied to a broadcasting format again, its plot seems to be an idea as a master plot from the perspective of popularity, or seems not to be an expression from the perspective of non-finishing by variables like an actor's improvisation. However, in the points that the popular success of a broadcasting program format comes from creativity in familiarity and that digital media are accepted as literary works although their plots are not finished, a broadcasting program format is likely to be accepted as a literary work in the application of the theory of narrative.

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