Study On The Fair Use Of MOOC Courses Of Universities

MOOC, which is the abbreviation of large-scale online open courses, is a new mode of education in the Internet environment. Thanks to the popularity of the Internet and the rise of the open education movement. In 2001, American colleges and universities in order to adapt to the demand of learning under the environment of Internet, opened the a "open course-ware project", to the public quality of teaching resources, and gradually developed into a global open education movement, the specific form of distance education, courses(OWC) and MOOC education teaching mode. Among them, because of its open, online, large-scale and other characteristics,the production and use of the course of MOOC is facing the complicated copyright interests, which is a huge risk of copyright.Under the framework of the existing copyright law, the use of the works in the field of education can be applied to copyright restrictions and exceptions, that is, the reasonable use of legal permission and teaching and scientific research in the compilation of teaching materials. Rational use is the system of using the work behavior in the teaching course of the regulation. China’s current copyright law strictly limit the rational use of teaching objective conditions, one is use to quadrant published works; it is to use the main limit teaching staff; third, use a small amount of copy limit; four is the use of space for face to face "classroom". However, the internet teaching platform of course Mu and traditional teaching compared with different degrees of breakthrough in the use of subject, the use of manner, the use of space,objectively formed MOOC "virtual classroom" and a "school class" conflict, "MOOC platform" and "learning" and "school" nature of the conflict situation, leading to the course of MOOC in the application of fair use rule is the plight of the system.However, from the essence of the MOOC education and rational use of the essence of legislation of the system of two aspects to consider, course of MOOC has the necessity of using rational use of rules, on the one hand is because the legislation of our country present fair use rule is relatively closed, unable to meet under the environment of Internet Education Model of demand; on the other hand, the MOOC,in essence, is an extension of the classroom teaching, course mu in the rational use of the works is necessary teaching under the network environment, is the legitimacy of the fair use doctrine.Of course, in the course of the application of the reasonable use of the rules and regulations should also be in accordance with the inherent requirements of the balance of interests. So, it should be done for the system of the reasonable use of MOOC curriculum convergence. First, the reasonable change of China’s reasonable use of the rules of the legislative status "elements of the test method" or "three step test" principle based on the rational use of the system using the open legislative model. On the one hand, to establish a criteria to judge the principle of rational use of general terms; on the other hand to reasonable use rules of education and scientific research in the field of scientific adjustment, to meet the educational mode under Internet environment; second, the use of course of MOOC to reasonable constraints in order to avoid the risk of copyright. In the course of production, to strictly distinguish between works from different sources or different types of works, do different works in different ways to use; in the course of management to take technical means to prevent the illegal use of course of MOOC, but also to prevent the MOOC platform of commercial operation.