| Education in massive open online course is a new mode of "Internet+Education" with the development of Internet digital technology,which subverts and reshapes the traditional education mode.It not only breaks the time and space limitation of traditional classroom teaching,but also has the characteristics of large-scale,openness and online,which not only greatly promotes the wide dissemination of knowledge,but also contributes to the realization of education equity.However,in the Internet age,the traditional copyright law has become increasingly difficult to adapt to the network environment,which makes it difficult for massive open online course education to apply the traditional copyright restriction system in the process of curriculum production and curriculum dissemination by using copyright works,which leads to great copyright risks in the industrial development of education in massive open online course.However,this study mainly focuses on the copyright restriction system of education in massive open online course,and does not cover all current online education platforms and online education institutions.This paper pays special attention to the study of fair use of copyright,and the legal licensing system will be introduced in the last chapter in the form of countermeasures.This paper will analyze the industrial operation mode and management mode of education in massive open online course,clarify the legal nature of education in massive open online course,analyze the legitimacy of applying copyright restriction system to education in massive open online course,discuss the feasibility of applying fair use system to education in massive open online course,and draw lessons from the latest reform of teaching right restriction abroad,so as to put forward copyright countermeasures suitable for the development of education industry in massive open online course.The full text consists of five chapters.The first chapter mainly introduces the particularity of massive open online course’s education,points out the differences and connections between massive open online course’s education and traditional classroom education,especially emphasizes that massive open online course’s education is characterized by large-scale,openness and online.At the same time,through the analysis of the operation mode and management mode of education in massive open online course,this paper makes clear the mufti-subject interests involved in education in massive open online course,and reveals its special legal nature,that is,it has both commercial and public welfare attributes,thus further pointing out that the current copyright restriction system is difficult to adapt to its development because of its complex subject interests and special legal nature,and then reveals the problems existing in education in massive open online course.The second chapter focuses on the legitimacy of the application of educational copyright restriction system in massive open online course.At present,many scholars think that education in massive open online course involves commercial content,the dissemination behavior of works is difficult to be controlled,and the dissemination audience is wide,which makes the space of applying copyright restriction to education in massive open online course smaller.Therefore,this chapter should first clarify that education in massive open online course in the Internet era is still education in essence,which has the public welfare attribute of education,and education in massive open online course can apply copyright restriction system.This chapter mainly discusses from the perspectives of jurisprudence,constitutional law and legal economics.The application of copyright restriction system in education in massive open online course is not only conducive to the realization of the spirit of interest balance emphasized by copyright law,but also to the protection of citizens’ enjoyment of cultural freedom and basic right to education.In addition,it is also conducive to the dissemination efficiency of cultural knowledge,which is conducive to the development of the whole society.The third chapter focuses on the fair use system,and points out that the current fair use system in China is difficult to adapt to the development of education in massive open online course.The main reason is that its legislative model is immature,and the current criteria for judging fair use are too vague,which leads to confusion in judicial practice.Combined with the internationally accepted three-step test method and the four elements of reasonable application in the United States,this paper makes a comprehensive analysis,and makes it clear that the judgment standard of reasonable application in China should adhere to the three-step test method,and make proper use of the four elements of the United States for interpretation and analysis,so as to ensure that China can not only fulfill its obligations under international conventions,but also ensure the flexibility of the application of the reasonable application system in China.Finally,on the premise of clarifying the judgment standard of fair use in China,this paper points out the interpretation methods and ways of adapting the fair use system to massive open online course education,so as to clarify the feasibility of applying the fair use system in massive open online course education.The fourth chapter briefly introduces the international treaty provisions on the restriction system of teaching copyright,and introduces the latest reform experience of teaching right restriction in other countries,so as to provide reference for how to promote the good development of education in massive open online course.Especially,TERA Treaty advocates the exemption of teaching infringement,and emphasizes that under the premise of educational research,it advocates the interpretation of the three-step test method from the perspective of human rights and fundamental freedoms and public interests,and also advocates the restrictive interpretation of market influence.However,the newly revised Copyright Law of Japan in 2018 perfected the restriction of teaching rights,especially the legal compensation system of one-stop license,which has a strong reference significance for the copyright policy of education industry in massive open online course.The Digital Single Market Copyright Directive issued by the European Union in 2018 puts forward that the organizational structure and operation mode of educational institutions should not be the decisive factor to determine whether the activity is non-commercial and restrict the main body of educational institutions.At the same time,it puts forward reasonable compensation for digital works and absorption of the extended collective management system of Nordic countries to solve the inconvenience of copyright licensing in the digital age.All these have important reference significance for our country.The fifth chapter puts forward some suggestions,pointing out that in order to solve the copyright problems existing in education in massive open online course,it is necessary not only to make corresponding adjustments to the legislative mode and applicable scope of fair use in China,but also to pay attention to the interests of copyright owners,properly promote the transformation of teaching fair use to legal license,and at the same time,properly adjust the current legal license system in China,which is suitable for the development of education in massive open online course.However,in order to guide the healthy development of education in massive open online course,it is more important to establish corresponding copyright supporting measures and strengthen copyright management.It is important to correctly distinguish the nature of different education platforms in massive open online course from the nature of the use of works,and to treat charged and non-charged courses differently.At the same time,we should learn from the reform experience of Japan and the European Union,introduce extended collective management system to improve the efficiency of work authorization,reduce the cost of curriculum production and copyright barriers in massive open online course,and introduce Japanese teaching compensation system to protect the basic interests of copyright owners,and finally achieve the balance between copyright owners and the public. |
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