Study On The Protection And Reasonable Use Of Teaching Plan Copyright In Private Educational Training Institutions

For the past few years,under the influence of technology update and industry development,new problems have arisen in the copyright protection of private educational training industry.Private education and training institutions cannot avoid the profit-seeking nature of their capital.It is not unusual for them to seize the rights and interests of the creators of teaching plans by signing "confidentiality agreements","non-competition agreements","copyright agreement ownership" and other methods with teachers by taking advantage of their employment relationship with teachers.For asset-light business model of private educational training industry,lesson plan copyright is the core means of production.Academics should have foresight to conduct empirical research and analysis on lesson plan copyright.To find appropriate methods to realize the legislative purpose of copyright law,and to promote the healthy development of private educational training industry are something we need to think about deeply.Under the current legal system,we should make it clear that the copyright of teaching plans created by individual or cooperative teachers in private educational training institutions should belongs to individual or cooperative author completely,to avoid private educational training institutions taking advantage of copyright ownership through the simple terms of the labor contract agreement to possess the copyright of others’ works by low and even zero cost.Otherwise the concentration of high-quality resources will increase the burden of social education cost.At the same time,in order to promote capital spend funds on teaching and research,and to improve the quality of teaching services,it should also be clear that if private educational training institutions provide major resources,organize the teaching plans compiled by teachers should be taken as legal works.Based on judicial practice,we should define the applicable standard of "fair use" of lesson plan works,and the reasonable use of teaching plans with profit-making behavior in a broad sense cannot be denied.At the same time,it should also be clear that the organized use of other people’s teaching plans by schools or institutions is "unreasonable damage to the legitimate rights and interests of copyright owners" and does not constitute fair use.In a law-based society,value judgment under the influence of the interest should not take the place of legal logic analysis,we should find a way to achieve the legislative purpose and the social value of the Copyright Law while protecting the copyright of the teaching plan in the private educational training industry.