Research On Copyright Of Test Questions In The Background Of Education Industry

The examination is an important means of educational evaluation.With the emphasis on education in the whole society,and the need for examination to select talents increases,examination has become an inevitable link in modern society.The number and scale of for-profit educational training institutions for various types of examinations are also growing rapidly.The development of education industrialization has become an indisputable fact.As an emerging growth pole in the tertiary industry,the education industry has a huge demand for various educational resources.Among them,"test questions" are important tool resources that training institutions often use and strive to grab.Because the test questions bear the mission of "selecting the best and eliminating the poor",the quality of the design and writing of the test questions is relatively high.From the point of view of content,it is necessary to organically integrate the knowledge in a specific field;from the point of view of the form,through a variety of questions are designed to present the test site;from the point of view of goal,it is necessary to combine the appropriate content and method to test the candidate’s knowledge level and ability to solve problems.It can be said that the fate of the test questions is a process of creation,most of the test questions in the content,form or combination have a certain degree of originality,in line with the "work" conditions,so as to become the object of copyright protection.However,due to the particularity of the exam questions in the aspects of the compilation subject,the use subject,the use purpose and the use scene,the copyright issues involved in the exam questions are more complicated.For example,there is a conflict of interest between the examinee or the education training institution and the question holder.It is very likely that the test questions will use the works of others in the compilation,which involves the fair use and the protection of the rights of others’ works.This article takes the current situation of the use of test questions in the development of the education industry as a starting point,comprehensively sorts outthe attributes of different types of test questions,and uses this as a basis to discuss the question of copyright of test questions.The copyright system has not always pursued the maximization of personal interests.Rights holders should also bear certain obligations while enjoying rights.This is reflected in the work of test questions,that is the boundaries of the rights and interests of test questions and the public’s need for the use of test questions.Clarifying these questions is conducive to ensuring the management and protection of test questions in commercial use,and is conducive to promoting fair competition in examinations and the healthy development of the education industry.