Issues On Copyright Of The College Entrance Examination Papers

Copyright system is a balance of interests of the parties,including both the system of protecting the copyright owners,and the settings to limit the copyright.College entrance examination is an important part of the national education system,the papers also have attracted much attention. For implement college entrance examinatian,the Ministry of Education Examination Center or provincial Education Examination Center make examination papers.Compared to non-tests held in accordance with the law, the public interests involved in the college entrance examination is more complex.As special "works" using a lot of existing intellectual results,college entrance examination examination papers re collective wisdom crystallization.Defining the nature of college entrance examination examination papers and using someone else's works raises controversies about whether the college entrance examination examination papers can obtain the protection of the copyright law and constitute fair use and what kind of the fair use will be.Based on the existing coptyright theory of protecion and limitation and judicial practice,this paper makes demonstration and reflection on the copyright issues of college entrance examinatian papers from three aspects.The first part, whether the college entrance examination papers should be given protected by copyright law.From the nature of college entrance examination papers,college entrance examination papers are products of national execution of public functions,and are belong to administrative public property, should be available for the public free of charge. Combined with the public interests of the majority of candidates involved in the college entrance examination papers and the existing system designed to unnecessary of protecion,and reference to foreign copyright law,college entrance examination papers should not be identified for protection of copyright law, in this way they could play a more social utility.The second part, the nature of college entrance examination papers using others' works is the fair use of the performance of official duties.Authorized by the law,the proposition of college entrance examination papers use the published works to life system of test questions,and proper use will not cause undue damage to the original works,and then finds that the use is fair.The third part,when using others' works properly, it is not allowed to infringe upon the personal rights of copyright of others, and it is required to indicate the source of the works. Indication the source of used works is difficult in college entrance examination papers and "the exception can not be specified" is stipulated in the copyright law.Due to objective reasons, unable to indicate the source of the used works is not considered unreasonably prejudice the interests of authors.But in practice, there are some alternative solutions,such as thanks letters or Separately awarding a certificate.Because of the special nature of the college entrance examination papers, whether failure to indicate the source of used works is reasonable use of personal right of copyright should be strictly cautious.