Study On The Fair Use Of Curriculum Resources In Online Education

The Internet provides a platform for the development of online education,changing the fair use.Online education can be seen as an extension of the traditional classroom to the network.To meet the needs of education,online education often use other people's work,and will inevitably bring the question of copyright protection and restrictions.This article mainly analyzes the legal regulation of online education from the fair use of online education First,the paper reviews the development of online education and elaborates the development of education from the status quo.Then,this paper introduces and analyses online education copyright protect,copyright ownership and online education fair use in legislative standards and judicial practice.We conclude that listed 12 specific rules of fair use in the copyright law cannot be applied directly to online education.Article 21 of the Implementing Regulations of the Copyright Law that drawing on the three-step test method,letting "special circumstances" limited to the list of 12 specific circumstances,which makes the court arduous for scope of the fair use.So,using general judgment criteria may result infringement.In order to avoid unfair,many local courts break through the law,but because their standards are not unified,there may be different cases of the same case.In order to break the dilemma and make fair use of online education perform,it is necessary for us to learn from the legislation and judicial experience of foreign advanced countries.In particular,when judging fair use,learning from the three-step test method and the US copyright law,the fair use of the general terms should be adjusted.Because of the reasonable use of specific rules in China's copyright law is not directly related to online education,fair use of the specific rules should be properly adjusted.The aim is to make predictable adjustments to the specific rules of fair use in the field of science and education,at the same time establishing general provisions in order to ensure the new development of online education and to ensure the exclusive right of the copyright owner and to make judicial judgment reasonable.