Research On The Protection Of The Authorship Of Test Questions

As a tool to test the knowledge level of examinee,examination questions play an important role in modern education.In this paper,based on the existing copyright theory,the article analyzes the work property of the examination questions from the form and the essence,and further expounds the right attribution of the examination questions in the general situation and the special situation on the basis of this.From a formal point of view,the examination questions not only accord with the form of expression of written works,but also do not belong to the category of works that are excluded from protection.From the academic point of view,the examination questions also fully possess the various elements of the work.Therefore,there are good reasons to conclude that the subject belongs to the work and should be protected by copyright Law.In general,the author should enjoy the ownership of the copyright of the examination questions,but because the work of the examination questions does not always represent the particularity of the author's will to create,the ownership of the copyright of the examination questions has also produced a lot of changes.Based on the legal provisions of special types of works,this paper analyzes the copyright attribution of examination questions under the circumstances of post works,entrusted works,cooperative works,and so on.In addition,due to the particularity of the confidentiality of the examination work,the copyright owner has a distinct difference from other works in his right to the work on the subject.Except the copyright owner's right to publish,sign and modify the examination work is restricted to a certain extent.In essence,as a written work,the examination questions cannot be used in the form of rental,exhibition,performance,etc.Finally,this paper aims at the common situation of copyright infringement cases,probes into the standard of the infringement of the copyright of the examination questions,studies the subjective fault of the infringement of the copyright of the examination questions,puts forward the corresponding countermeasures to strengthen the protection of the copyright of the examination based on the level of legal protection.