Research On The Rational Use Of Copyright In Network Distance Education

In recent years, classroom education gradually can not meet the needs of the educated. The distance education as a new form of education has risen rapidly. Referring to copyright restrictions, classroom teaching apply to copyright fair use, while distance education apply to statutory license. Leading the copyright fair use to distance education is necessary and feasible weather for legal or practical requirements. First, the introduction of the system is conducive to the rational use of realization of the purpose of copyright legislation, help to achieve a balance of public and private interests of balance. Secondly, the introduction of the fair use of the system will help citizens realize the right to education. The right to education is a constitutional civil rights and obligations. Distance education provide citizens with the another way to achieve the right to education. Again, the introduction of the fair use can meet the development of China’s education system. In consideration of the classroom education can not meet the needs of the educated, the distance education make it possible to accept education anytime and anywhere.The copyright restrictions in distance education should be improved in China. Firstly, the copyright fair use should be introduced to the distance education, but this fair use must be restricted, including the restrictions of subjects, the restrictions of objects and the restrictions of use mode. Secondly, the subjects should realize their rights, obligations and the responsibility when violate the duty.Thirdly, in order to keep the balance of the public and private interests, we should take technical measures and introduce the copyright compensation system to protect the copyright owner’s right.This thesis is divided into four parts:the first part is the problems of the copyright restrictions in distance education. It mainly describes our current operating status of distance education, existing copyright restriction in distance education and the problems of the regulations. The second part is divided into national legislation for distance education copyright restrictions Enlightenment. It explore the enlightenment to China by analyzing other mature legislation of the national and international in copyright restrictions conventions for distance education Enlightenment. The third part is the feasibility of settings the copyright fair to the distance education. By analyzing three aspects including the copyright fair use, the constitutional concerns of our citizens’right to education and the development of distance education, we can conclude that it is feasible to apply copyright fair use to distance education. The fourth part is about the suggestions for copyright fair use in distance education. It explores the effective ways to improve the copyright restrictions in distance education.