Research On The Copyright Protection Of Examination Paper

Examination paper is a kind of work which possesses specific functions. Although it's not a cultural product to meet people's enjoyment, it is still involved in the category of Intellectual Property. It is because of those features of examination paper that it has not been attached full importance to its copyright, and it exists generally in reality of abuse of authority. Consequently, it is necessary for us to know it comprehensively and strengthen practical protection of its copyright. Based on available theories of copyright, the paper discusses the copyright of examination paper from three aspects. Firstly, it analyzes the reason that examination paper is one of the objects of copyright protection. Looked from the attribute, the examination paper not only has characteristic of works protected by copyright, moreover formally looked the examination paper may belong to written work, in the essence more visible for the compiled work. Not only examination paper as the compiled work is protected by the copyright law, but also each original test question is one target of copyright protection. In practice, there are precedents that examination paper and its original questions were protected by relevant laws in our country. Secondly, the paper also inquires into the ownership of copyright. In general cases, the copyright is considered to belong to the makers of examination paper. But in view of its particularity that examination paper is impossibly created by any individual person, there are many alternatives around the identification of copyright. It can know about works of a legal person or entity without legal personality,works created in the course of employment,commissioned work and joint work in the copyright law of China. Combined the characteristic of works with regulations on identification of ownership of copyright, the paper analyzes particularly the identification of ownership of examination paper in different cases, and puts forward some suggestions on the relevant legislation. Thirdly, it also analyzes how to use examination paper fairly. In order to balance efficiently the interests of individuals and the public, the fair use of works has been stipulated in many counties'copyright law. At the same time, in real life it also arouses issues about how examination paper is used fairly by others, and how the makers fair use others'work in their examination paper. The paper discusses these issues deeply on the basis of the relevant theories and practices.