방송 프로그램 포맷의 저작권법에 의한 보호의 한계와 그 대안-대법원 2017. 11. 9. 선고 2014다49180 판결을 중심으로-

The scale of format industry reached 9,300,000,000 Euro in 2009 according to the Format Recognition and Protection Association. As transactions on television formats are expanding, the foundation of safe transaction is required and the legal protection and recognition of property right are demanded. The Korea Supreme Court decides that a reality television program is a kind of a compilation and can be protected under Copyright Act in 2017. Contrast with other kinds of television programs, this decision is about the reality program and is understood to recognize copyright protection for television formats. However, in defining a television format as a short plan or framework for programming, the idea/expression dichotomy does not protect the format as an idea. Nonetheless, the Korea Supreme Court shows its position that the television format is compilation and can be protected if the originality is found from its components or the selection and arrangement of components. The position of the Korea Supreme Court may be useful to expand and stabilize television format industry, but its position is heavily criticized from the legal perspective. Accordingly, the alternative way for television format protection is required. This paper understands a television format as the outcome achieved by other persons’ substantial investment or efforts and proposes protection under article 2, 1(k) of Unfair Competition Prevention and Trade Secret Protection Act as the alternative.