Research On Copyright Attribute Of Moocs

In order to promote the diffusion of knowledge and the development of education, Copyright Law endows traditional education with the rights of fair use in the classroom. Nevertheless, Massive Open Online Courses (MOOCs) has brought new impact to the traditional teaching methods, it also brings the challenge to the fair use of copyright system. Some related question are followed that whether the fair use is suitable for MOOCs or how to avoid copyright disputes. At the same time, the type of works is the key to study the ownership of copyright, and also the foundation of copyright protection. Compared with the traditional curriculum, the type of MOOCs’ works and the copyright ownership are more complicated.This article studies the copyright issues of MOOCs from three aspects:the works of MOOCs, attributes of MOOCs using the works of others and the ownership of copyright of MOOCs works. First, this paper analyzes the work property of MOOCs and the types of MOOCs works, come to conclusion that there are three types of duty works, the co-works and custom-made works. Then, this paper using classification analysis method to analyze different cases of MOOCs using the work of others, and analyze the applicability of fair use of copyright system. And through studying the overseas legal regulation of the education teaching using of the works of others, this paper puts forward some related suggestions for legislation and the coping strategies under the existing legal framework, suggests MOOCs in using a work of others to through substitution, deletion and authorized three ways to deal with copyright. Finally on the basis of analyzing MOOCs copyright ownership dispute, this paper determines the copyright ownership by the types of MOOCs, and it suggests that the parties adopt the agreement in advance to determine the ownership to avoid disputes.This paper attempts to make a copyright theoretical analysis on the MOOCs. On the basis of the investigation of foreign law, and combining with the current legal provisions of our country, this paper analyze the behavior of MOOCs using the works of others and generalizing the types and the copyright ownership of MOOCs works, with a view to make a little contribution to the development of MOOCs and the consummation of our country copyright legal system.