Studies On Copyright Ownership And Fair Use In Modern Distance Education

During the period of information globalization in 21th century,digital communication technology and network technology are developing quickly,changing with each passing day,which strongly affects different aspects of people's life,has brought unprecedented changes to modern distance education and severe challenges to the existing legal systems in human society.Being very sensitive to technological development,legal system for copyright has encountered a great impact.Permission from copyright owner is definitely needed before the use of copyrighted works, which is the fundamental rule of copyright.Even though under the digital environment of internet,we still could not change this rule,which is determined by the private property of copyright.Having the authority conferred by law,the copyright owner must accept some specified restrictions at the same time,which creates the balance between personal benefits(private right) of copyright owner and social public benefits.Under Section 22(6) of"Copyright Law of the People's Republic of China" stipulates the exception condition of fair use in classroom teaching. Section 8 of "Regulations on the Protection of the Right of Communication through Information Network" promulgated in 2006 stipulates the adaptation of statutory license in modern distance education.Under the conditions of today's network,whether these regulations are still suitable to the situation in China,whether "classroom teaching" stipulated in china copyright law should cover modern distance education,whether one needs permission of copyright owner while using copyrighted works,all these are confusing and uncertain in the existing copyright law.The author considers that it is very urgent to study and implement legislation on copyright law related to modern distance education.The essay attempts to discuss copyright ownership and fair use in modern distance education binding with the variety of copyright objects from different aspects of legal property.Beginning with introduction,the essay is composed of 6 chapters,and ends with conclusion.The introduction interprets the copyright study background under circumstances of modern distance education,raises questions of copyright ownership and fair use,indicates that mounts of modern distance education related problems have become the subject of public debate and attention in the United States,and it is urgent to resolve the problems of copyright ownership and fair use in modern distance education.Then it proves the significance and value of the essay,and explains the research methods of the essay.The first chapter is "Brief introduction of modern distance education". Before we analyze the relevant problems of copyright in modern distance education,we should understand the concept,development and characteristics of modern distance education,so that we can master and resolve the problem related to copyright.Modern distance education is the 3^rd stage during the development of distance education,have the characteristics of opening,breaking through time-and-space limitation, model of autonomous learning,individualized teaching and interaction, virtuality,and lifelong education orientation.The second chapter is "Challenges to traditional copyright in modern distance education".Compared with traditional education,modern distance education has flexible teaching methods,covers a wide range,carries great amount of information,which are great advantages for modern distance education.A great amount of new problems occurred during the quick development of this new teaching model,which is a big challenge to our modern copyright law system,and brings lots of deputes to the law circles. The author would like to briefly introduce and analyze some controversial concepts like classroom teaching and online classroom,online course, reproduction right and reproduction behavior,right of internet communication,technical measures,fair use and statutory license.The third chapter is "Copyright ownership in modern distance education".The core of modern distance education is online course,and copyright ownership is the base of copyright protection.Then the copyright ownership in modern distance education is very important for the coming discussion of other copyright related issues.The author emphasizes on the copyright ownership of online courses under different circumstances, advances relevant solutions.The author considers that to avoid and reduce copyright issues the government should legislate on to encourage the parties to sign a copyright ownership contract before the course construction to settle their jural relation and copyright owner of the online course,and provide suggestions on contents and expression for the contract.The fourth chapter "copyright fair use in modern distance education" is the key chapter of the essay,which emphasizes on feasibility analysis of fair use in modern distance education,and discussion from different angels of interest balancing,jurisprudence,constitution,and comparative law.No matter consideration from interest balancing,jurisprudence,constitution,or comparative law,we claim that in modern distance education in internet era, fair use system is still valuable and necessary.So that the author considers that fair use system should be adapted in modern distance education.The fifth chapter is "The enlightenment of American distance education law-making to our country".Advanced and matured legislative experience of other countries should be good reference for us."TEACH Act' was enacted after years of dispute and discussion,and should be good reference for us.This chapter analyzes the content and legislative background of American "TEACH Act" and its enlightenment to our country.The sixth chapter "the application of fair use system in modern distance education" is based in the reality of our country,and studying on the way to resolve the problems.At the end,it discusses the use of copyright in modern distance education,which is the application of fair use system according to practical situation in our country.The essay ends with the conclusion.The author considers that the foundation of copyright protection stays stable Under the circumstances of modern distance education,and we should legislate on to encourage every party to sign a copyright ownership contract before the course construction in order to settle the copyright ownership of the course and provide relevant restriction.For using copyrighted works,fair use system should be adapted in modern distance education.Under circumstances of modern distance education,fair use system should be adapted continuously and relevant restriction should be provided as well,so that we can achieve the real benefit balancing between copyright owners' interest and social public interest, promote modern distance education to develop in a healthy way,and achieve the goal of "adapting educational justice promotion as the basic principle of education in our country" provided by the 17^th Party Congress.