Researching On The Protection Of The Teaching Plan's Copyright

The educational circles, press circles and the world of law were all focusing on the lawsuit of the teaching plan of 2002,all the media reported the first lawsuit about the teaching plan.This lawsuit was full of twists and turns,it lasted three year and ten month, almost go through all the lawsuit process of judicature.The copyright of teaching plan was concerned by the circles of law. Many people who are specialized in the science of law studied the issues related to the law. This article is trying to study the lawsuit of the teaching plan and then give a rise to the discussion about the copyright of teaching plan.The article is divided into four parts.The first part is about the basic theory of the teaching plan,it have analyzed and studied this question from all sides. Study the question about the concept and the category and the attribute and so on about the teaching plan. This part is about the attribute analysis of the plan attribute. It is the most important part of the whole article.The definition of the teaching plan is very necessary to the study of teaching plan. Beacause if the teaching plan does not belong to works, it also does not have the question about copyright. The attribute of works is also a focus about the teaching plan. Especially the question about whether the teaching plan belongs to the post works or not.There is a lot of disagreements in law circles. There are all kinds of viewpoints. The point of this article is that teaching plan is general work made during service, which is the basic of this article.The second part describes the status of teaching plan's infringement,which happens all the time.This section first introduces the subject of infringing of teaching plan, on the basis of introducing the subject of infringement,it describes the types of copyright infringement. Teaching plan's infringement has its own features, so this part mainly introduce the type of copyright infringement. Teaching plan's infringement is changing with the development of internet, this part also analyse the infringement of distance learning.The third part is mainly study the shortcomings of our legislation. which is reflected in the lawsuit of the teaching plan. The teaching plan's infringement in the final analysis of rampant infringement is for the relevant provisions This part mainly study the major controversial issues of teaching plans lawsuit and the gaps in the legislation. After the introduction of our legislation of existing copyright law,it advance the gaps in the legislation. This section focuses on three questions. The first is the work of the relevant provisions of the Copyright Law's inadequate. The second is inadequate of the teaching plan's ownership. The third is the inadequate of fair use of teaching plan. The first two issues raised by the Legislation of lesson plans lawsuit, but fair use is associated with the teaching plan's infringement system. The three problem Three questions separately study on the originality standard of work, the ownership of general office work and the fair use of teaching plan.The fourth part is the core part of this paper. This part is mainly about the improvement of the problem which is proposed in the third part. on the basic of juding the legislation of foreign coutry, it put forward countermeasures of teaching plan's copyright legislation. The "original standard", the ownership of general office work and the fair use of teaching plan are the most essential part.The article put forword three suggestions. Fistly, reduce the standard of the work's originality and put the teaching plan in the scope of works.Secondly, improve the priority use of general work made during service and protect the interests of the material. Thirdly, use "Factors doctrine "and " Marxist principle" as parallel legislative model, while improving personal use, use of teaching and research use which are closely related to teaching plan.