A Study On The Fair Use System Of MOOC Education In The Post-epidemic Era

The emergence of the new crown epidemic has not only brought great impact to society,but also promoted the rapid expansion and development of MOOC education nationwide,and the type,quantity,audience and development subjects of MOOCs have changed greatly from before the epidemic.Since the outbreak of the epidemic,MOOC education has become an indispensable "part" in China’s education and teaching,and has become the backbone of actively promoting educational innovation and reform.However,China’s existing copyright law is lagging behind,resulting in MOOC education facing a huge risk of infringement in the process of using copyrighted works for curriculum production and dissemination for teaching purposes.The fair use system is not only designed to balance the interests of copyright owners,users and the public,but also to ensure citizens’ right to education.In the post-epidemic era,the application of MOOC education is to ensure the sustainable development of online education.Therefore,MOOC education meets the purpose set by the fair use system and should be included in the scope of application.Therefore,based on reflecting on the shortcomings of the fair use system in regulating MOOC education,this paper focuses on adjusting and filling legislative gaps,in order to propose copyright countermeasures in line with the development of MOOC education industry in China.This article is divided into four parts:First,a general analysis of the application of the fair use system to MOOC education in the post-epidemic era.It mainly analyzes and explores the differences between MOOC education and traditional education,and the necessity of using the fair use system in MOOC education in the post-epidemic era.Second,this paper discusses the dilemma of applying the fair use system to MOOC education in China in the post-epidemic era.Based on the background of the special era,this paper analyzes and discusses the four aspects of MOOC education: digital reproduction,resource sharing subjects,the number of resources used and the difficulties faced by MOOC platforms.Third,conduct extraterritorial research on the application of fair use rules to MOOC education in the post-epidemic era.The main research objects were in the European Union and the United Kingdom,and they explored the relevant provisions on copyright limitations and exceptions in distance education,from which they learned legislative and judicial experience.Fourth,put forward suggestions for improving the application of the fair use system in MOOC education in the post-epidemic era.At the legislative level: add content on the fair use of digital reproduction of MOOC education;Inclusion of students in the scope of application of the MOOC teaching fair use system;Increase the number of copyrighted works that MOOC education can use exemptly.In terms of judicial practice: reasonably define the relationship between MOOC education profit and fees.