(Chinese Version)

Nowadays, Chinese entertainment industry are dominated by Korean-style programs. These programs typically feature stars, outdoor activities and reality shows, etc. Both Chinese TV insiders and audiences are quite disappointed at the lack of originality and the prevalence of plagiarism in the Chinese entertainment industry.

Although program producers receive high ratings and huge fortune from these programs, they also face endless prosecution for copyright infringement.

Endless copyright wars

Recently, MBC, one of the leading South Korean television and radio networks, stated that no program except for Infinite Challenge had received MBC’s permission to adapt and broadcast, and it would take every possible measure, including legal actions, against programs that copy MBC’s ideas on CCTV-1. MBC’s statement again drew back the public’s attention to copyright infringement.

In fact, such conflicts are quite common in the Chinese entertainment industry. All major satellite stations have stated quite clear their determination to protect their own copyright. For example, back to 2010, when Hu’nan Satellite Station produced a Chinese-version Take Me Out after receiving adaptation permission of the original British program, Jiangsu Satellite Station copied the copyright and produced a similar program dubbed as You Are The One.

In October, 2014, producers of Here Comes The Bride, a post-marriage life reality show produced by Tianjin Satellite Station (TSS), released on its official Weibo account a declaration of right against Jiangsu Satellite Station, which again infringe TSS’s copyright and produced a similar program called She’s My Family.

Similarly, producers of Happy Sunday Season Two also charged Sichuan Satellite Station (SSS) with copyright infringement for its program Family Go. SSS, however, refuted the charge and stated via its official Weibo account that it produced the program together with a famous Korean producer.

Moreover, Hu’nan Satellite Station’s entertainment show Divas hit the road season was also found much similar to the Korean program Sisters Over Flowers. Hubei Satellite Station and Jiangsu Satellite Station were also at odds over the Korean TV program Non-Summit.

As new reality shows are produced one after another, audiences begin to find some of them much alike. However, nobody can tell which program is the original one, and which one is the copied version. How is it that Chinese entertainment industry is haunted by plagiarism?

Pen Kan, director of Legend Media’s development and consulting department, explained that: “The nature of these copyright wars is the homogenization of Chinese entertainment show producers. Besides that, the idea of entertainment shows is not protected by the law, so copycats might only face public criticism, but nothing else. Seduced by the huge potential profits, it’s always worth a try.”

“Similar program elements and components of the original entertainment shows and their copied version are the source of these copyright wars,” Wu Wenbo, director of the center of Asian TV Shows in Phoenix College of the Communication University of China, explained.

He added that different entertainment shows had different models, which could be further divided into several elements, including program philosophy, character selection, structure, game, animation style, etc. If an entertainment program shares at least one element withf another program, then it might be seen as a copycat. Element such as program structure and game are most commonly copied by others.

Ideas VS Program models that put ideas into reality

Is copying a program’s structure, game illegal according to Chinese intellectual property law?

Pen Kan suggested that ideas were not protected by laws around the world. In his definition, an entertainment show is a combination of various elements, such as an idea, program structure, game rules, hosting style, etc. These elements are all not protected by intellectual property law. Thus, copying a program’s structure, game, unfortunately, is not illegal.

If so, then why did major Chinese satellite stations bother to buy copyrights from foreign stations? Program models? What is program model then?

“Program models are protected by intellectual property laws, not ideas. To put it simply, a program model is the way to put ideas into reality and produce a program. Typically, a program model includes program dictionary, overseas producers’ guidance, special technology of the original program, choreography style, etc. For example, The Voice of China adopted the choreography style of the original program, which turned out to be pretty adored by the audience,” Pen Kan explained.

When Chinese satellite stations are buying copyrights, they are not only buying the original ideas of the program, but also special guidance from the original program producers. For example, the producer of China’s Got Talent received guidance from the original producer in various aspects, including structure, choreography, symbol, music, and even wording. No copycat can learn these merely by watching the original program.

“Chinese satellite stations are actually buying the specific producing procedure to make the program and turn ideas into reality,” Wu Wenbo explained, “Copycats can never see how staffs are arranged, how cameras are positioned, what’s the procedure, how to edit the program, and why the program is edited in this way or another, etc. No wonder their copied versiosn failed to win a large crowd.”

Last but not least, satellite stations that have bought the adaptation right from original producers can build up their reputation a lot, which can bring far more benefit to them than the cost to buy the adaptation right.

Beyond adaptation

In the highly-competitive Chinese entertainment industry, producing new programs on one’s own can be pretty risky and less rewarding. That’s why many satellite stations choose instead to “copy” the program model of overseas popular entertainment shows. Consequently, copyright conflicts ensue.

Now that the intellectual property law can’t be adopted to protect the copyright of entertainment shows, can plagiarism be stopped then? Wu Wenbo and Pen Kan both suggested that protecting copyright of TV programs had always been a problem around the world.

“However, many overseas TV stations voluntarily apply to be members of The Format Recognition and Protection Association, so that any conflict will be arbitrated by the association. However, copycats who not only “copied” the idea, but also stated that they introduced the original program’s model in commercials might face legal prosecution. At present, Chinese copycats might only face public criticism, but nothing else,” Pen Kan explained.

Wu Wenbo advised Chinese program producers apply for patents for their programs in special intellectual property agencies. He expressed his worry that plagiarism in the long run would do harm to the Chinese entertainment industry.

This July, the State Administration of Press, Publication, Radio, Film and Television of China issued the Notice on Enhancing Regulations of Reality Shows. The notice called on originality in Chinese entertainment industry while vowed to control the number of “copied” programs. “As can be seen from the notice, originality is highly encouraged and respected by Chinese authorities. Thus, it is high time for producers of Chinese entertainment show to spend more time designing a program on their own,” Wu Wenbo suggested.

When we look back, we might find that Chinese TV program producers started to “buy” entertainment shows as early as 1990 when CCTV produced the TV program Zhengda Variety Show. However, when I say “buy”, I mean buying merely the content. It was only in 2010 when Dragon TV produced China’s Got Talent that Chinese entertainment show producers bought the real value of an overseas TV program for the first time.

It took two decades for Chinese entertainment show producers to shift from buying mere contents to buying the real value of a program, yet nobody can tell when Chinese entertainment show producers will be able to produce programs on their own, and by themselves.

[The article is published and edited with authorization from the author @Jiemuyixian, please note source and hyperlink when reproduce.]

Translated by Levin Feng (Senior Translator at ECHO), working for TMTpost.