A Research On The Copyright Of MOOC Education

The development of Internet technology not only brings great convenience to the human life, but also promotes the reform of education. Education mode has been from the traditional teachers and students in the same classroom, face to face education activities, evolved to rely on Internet technology to carry out education. From video open class, distance education and the hottest MOOC education, attracting a large number of learners to participate in the course learning, setting off a feast of a field of network education. But the teaching mode of MOOC education has caused many problems. In terms of the current development, the most urgent need to solve is the copyright issue. As is known to all, the basic rule of copyright is that when using others' works, the consent of copyright owner must be passed, otherwise it will be regarded as a tort.The six clause of the copyright law of our country stipulates the reasonable use of the classroom teaching of the conditions of the use of the twenty-second, passed in 2006, the network information dissemination right protection regulations revised in 2013 eighth to give the privilege of the statutory licensing system for distance education. However, MOOC education is different from the distance education after all. In MOOC educational activities,whether the above law can be directly used, whether the teaching MOOC education can be classified into the category of classroom teaching in the copyright law of China, whether MOOC educational activities meet fair use system and statutory licensing system and the ownership of copyright in MOOC educational activities, these problems remain to be further researched.In the first part, the concept and characteristics of MOOC education, the current development status, the impact on the current education activities and the similarities and differences between it and other online education models are also sorted out. Based on the analysis of the above facts and development status, it puts forward the most outstanding problems that restrict the development of MOOC education at the present. That is the issue of copyright faced by MOOC education.The second part is to introduce the challenges and existing problems of MOOC education model to the traditional copyright system. Compared with the traditional education model, MOOC education teaching methods, the number of audience, the richness of the information resources cannot be compared to traditional teaching, so the emergence of education model has set off an upsurge of MOOC education. However, the development and prosperity of this new educational model also caused many problems, which brought great challenges to the traditional copyright protection theory as well as the current legal system of copyright in our country. Therefore, in this part a brief introduction and analysis of several concepts that have caused controversy, such as classroom teaching and network classroom, network course, copy right and copy behavior, right of Internet dissemination, technical measures, fair use of system and statutory licensing system etc. Temporary duplication, digitization of the works, the right of network dissemination and technical protection measures are the obstacles in the development of MOOC education. Therefore, it is necessary to clarify the above issues and seek the perfection of the legal system. Only solve these problems, can we promote the sound development of MOOC education, so that it can be benefit the public.The third part mainly talks about the copyright ownership of MOOC education. A clear definition of property rights is the basis for the implementation of copyright protection, but also the premise of our discussion of other related copyright issues. In the current MOOC education, the copyright of curriculum content belongs to educational institutions or teachers. The attribution has lots of disadvantages. It is not conducive to the integrity of MOOC education teaching process or dispel the creative enthusiasm of teachers, so the ultimate victim is the public's right to access to knowledge. So in this paper, the author also puts forward countermeasures to solve the problem. In order to avoid dispute over the ownership of rights to encourage MOOC educational institutions to determine the ownership of copyright in the form of a contract before the recording of the course, and refine the rights and obligations of the parties.The fourth part puts forward the solution of using others' works in MOOC education activities. This part is mainly based on the plight of using others' works which are faced by the current MOOC educational development. For the current status of data acquisition difficulties, it will be respectively suggested to expand the interpretation of the reasonable use of educational purposes, establish a more suitable the actual needs of China's copyright licensing system and vigorously promote the CC protocol and other ways to obtain a wide range of resources. In addition, for the problem of copyright infringement in the course of the production of educational resources, we will propose cooperation with the school library, which is responsible for copyright clearance, copyright licensing negotiations and other work.At the end part of the thesis is a summary. Compared with traditional education, the teaching mode of MOOC educations changed greatly, but its educational philosophy and nature remains unchanged. And the emergence of MOOC education does not shake the foundation of copyright protection. We should encourage the participants of MOOC education in the production of MOOC courses of the subject before the signing of the agreement to the rights of the parties and other related issues. In addition, in the MOOC educational environment, fair use system and diversified licensing system should still be applicable to promote the sound development of MOOC education.