The Study On Fair Use System Of The Online Course

The rapid development of digital technology and Internet has beyond people’s imagination, it also brought the spread of information and the use of a new opportunity and challenge. Online course as emerging in recent years and the rapid development of Internet education mode, also will inevitably produce a series of works using copyright protection and limitations. Copyright restrictions in the copyright law system balance plays an important role, it plays a balance of copyright person benefit and the social public interests. Along with the arrival of the "copyright law" the third change, under the network environment the copyright restrictions system immediately become the focus of theory and practice to discuss.In the existing "copyright law" in this section, the limitations of the right to the special provisions on system of copyright restrictions, this article focuses on the issues of copyright system of fair use. Fair use refers to the use of some works under the law, both do not need permission from the copyright owner, also do not need to pay the remuneration. Our country "copyright law of the specific situation of rational use of the enumerated type, and the industry known as the rational use of judgement standard of" three inspection "provisions in the regulations on the implementation of the copyright law, become a court case must be based on the standard. However, determine reasonable use of the "rational" is difficult, although there are defined in the history of law, but specific judgment still need to consider many factors. According to the current law, we judge whether a behavior constitute a fair use, not only to see if it belongs to the specific circumstances stipulated in the "copyright law", it remains to be seen whether it conforms to the "three-step inspection standards". Even so, the judicial practice middle out in new situation, also puts forward new requirements to the existing laws and regulations. In 2011 the relevant opinions issued by the supreme people’s court in specifically, whether using works for fair use, "four elements" of the United States copyright law should be combined with comprehensive consideration. Fair use "four elements" of the United States copyright law, respectively is: the first should determine the purpose of the works and features, namely whether such use for commercial use, or whether for-profit; The second element is based on the use of different types of work concerns the nature of the work being used, the nature of the different causes its reasonable use in different degree; The third element refers to the works use the quantity and quality of the part and the copyright for the relationship between the quality and quantity; The fourth element refers to the user use the works of the author used the essence of the gain the value of the market potential impact. The current copyright law the provisions of the rational use of the online course was not directly involved, it is also the starting point of the selected topic and research in this paper. Online course using someone else’s work often involves the copy rights, deduce, the right of information network transmission right, and in the judicial practice in the online course some cases of infringement, the court has transcended the specific provisions of the law, the use of rational use of the United States copyright law judge copyright infringement cases related to determine the four elements. Therefore, Chinese copyright law on the continuous improvement of the current intellectual property law system is also the urgent need of today’s knowledge economy development.The research object of this paper is the fair use system in China’s copyright law in our country, and is in the online course environment. By the network characteristics of the class, it is pointed out that used in the online coursework the problem of rational use of the law in the specific provisions of fair use and cannot be directly applied to online course this environment, that is the proper use of the current system has certain limitations. Judicial practice for the proper use of the online course use work involves determining has transcended the enumeration of the legal regulation, and draw lessons from the rational use of the "four elements" of decision criteria, so in the new round of repairing method to improve and strengthen the restriction system of copyright has the significant practical significance. For the proper use of the network under the environment of the classroom, this paper was analyzed by using the "four elements" in its constitute the possibility of rational use of, this will solve the disputes in the judicial practice to provide certain theory reference and legal basis. This article altogether is divided into introduction, body, conclusion of three parts, the text is divided into three chapters, layer upon layer the thorough analysis, points out the necessity of the research topic. And look forward to more in-depth research in this field, and for the judicial practice in the online course fair use judgement to provide the reference.