Limitations On Copyright In Distance Education

Article 8 of The Regulations for Protection of Information Network Transmission Right stipulates the statutory licensing rules in distance education;however,distance education is faced with many difficulties when applying this rule.With the development of digital network technology,the use of works in distance education has changed greatly in both types and ways.The current statutory licensing rules in education network are very limited.But distance education still has the legitimacy of applying statutory license.From the perspective of jurisprudence,the limitations on copyright in distance education reflect fairness and justice.As the result of intellectual creation,copyright works are inseparable from the achievements of predecessors' scientific and cultural achievements.It should fulfill certain obligations to promote the spread of science and culture.In terms of law and economics,the limitations on copyright in distance education solves the problem of massive licensing under the network environment,reduces transaction costs,greatly improves the efficiency of the use of works,and has economic and legal benefits.From the perspective of sociology,the inheritance and sociality of intellectual creation require that copyright owners should avoid monopolizing the works and monopolizing the rights of the works,and should encourage their dissemination in the public domain to some extent.Limitations on copyright in distance education should be within a reasonable range.From the perspective of the balance between the interest of copyright owners and the public interest,not all network distance education is applicable to the limitations on copyright.This should be determined from the aspects of the subject,object,and the usage of limitations on copyright in distance education.