Consideration Of Educational Interests In Copyright Law

The interests of education are the sum of the interests obtained by the educatees in the whole society of the educational activities.For individuals,they are mainly reflected in the interests obtained in the formal education.Educational interest is an important public interest,and the conflict between educational interest and the interests of the author or copyright owner is essentially the conflict between public interest and personal interest.In general,the interests of education and the interests of the author or copyright owner should be equally protected,and in certain cases of irreconcilable conflicts,priority should be given to the interests of education as a public interest.The relationship between educational interests and copyright protection is not merely positive or negative,but a complex and dialectical relationship.In order to balance the interests of education and the purpose of copyright legislation,we should consider the interests of education under special circumstances on the basis of the copyright system and ensure the realization of educational interests through the limitation system of copyright.Generally speaking,the copyright system guarantees the realization of educational interests through the copyright restriction system of fair use and involuntary license.In China's copyright law,the interests of education are reflected in fair use of "individual learning" and "classroom teaching",statutory license of "textbook" and the exceptions of moral rights of authorship.But the relevant legislation still has some problems in analyzing the specific provisions and their application in judicial practice.Firstly,in the system of fair use of copyright,the general provisions of the fair use of copyright and the scope of classroom fair use are not specified,and the scope of fair use is too narrow.Secondly,the scope of statutory license is too narrow.Thirdly,it is not clear whether the necessary changes to the words of the work when using the work for school education purposes violate the author's right of modifying and integrity of the work.To examine the case of our country and draw on the relevant legislation outside the domain,we should perfect the legislation on educational interest in our copyright law from the following aspects.First,we should set the general articles of the omnibus and the general provisions of the middle level,make the definition of "classroom teaching" specific,increase the fair use type,so that we can perfect the system of education interest legislation.Second,we should expand the scope of “textbook” statutory license,and set educational program broadcasting of school in statutory license.Third,for school educational purpose,doing necessary changes to the words of others works do not infringe the author's right to modify or protect integrity of the work.