The Suggestions Onexceptions And Limitations In Chinacopyright Law For Education

The importance of education to any country is self-evident,and the right to education is also a fundamental human right.The Berne Convention clarifies that educational interests are an important public interest that copyright law should achieve.The Copyright Act promotes the advancement of cultural and education of the entire society by protecting the rights of authors.In view of the important position of education,various countries stipulate that the use of copyright protected works for educational purposes does not infringe copyright,that is,the limitations and exceptions in copyright law for education.Educational exceptions are an important mechanism for balancing copyright and education rights,but as the digital technologies develop,this mechanism is becoming unbalanced.Both in the developed countries such as the United States,and the developing countries like India,the disputes between copyright collective management organizations and educational institutions are becoming more serious.Recently,Educational exceptions have become the subject of discussions at the Copyright Conference of the WIPO,and countries have successively revised the educational exceptions in their copyright laws.In this context,the limitations and exceptions in China copyright law of education have never been fixed,and the current system is no longer able to deal with the actual situations.Therefore,by reviewing the existing literature,analyzing case study and doing comparative analysis,this paper put forward suggestions to perfect limitations and exceptions in China copyright law of education by examining the international conventions and provisions of other jurisdictions.This paper consists of five chapters.The first chapter is the introduction,which briefly introduces the objective,method and significance of this paper.The second chapter is an overview of the copyright limitations and exceptions of education,which introduces the concept,legislative purpose and balance between copyright and educational right.The third chapter introduces the current limitations and exceptions in China copyright law of education,including the current constitutional provisions and the Chinese government’s educational policies,the legislative norms and interpretation of the copyright limitations and exceptions of education.The fourth chapter is a comparative study,which mainly introduces the international copyright framework for educational exceptions and judicial practices of other countries.Based on the previous chapters of Chapter V,within the framework of international conventions,with reference to the legislative provisions of other countries,the author puts forward the suggestions to perfect the China copyright limitations and exceptions of education.