Research On Fair Use Of Copyright In School Teaching Activities Under New Teaching Mode

Throughout the history of copyright development,the change of communication technology has always been the main driving force for the development and change of copyright legal system.China has always attached great importance to the reform of education.In the face of the development of the Internet and the emergence of new media,the teaching mode has gradually changed,and new teaching modes such as online courses and distance education have emerged constantly,impacting the traditional education mode.Especially since the outbreak of the novel coronavirus epidemic at the end of 2019,the dependence of school teaching activities on the Internet and digital technology has become more prominent.This also makes the school copyright fair use system based on the traditional face-to-face teaching mode face unprecedented challenges.The new teaching model relies on the Internet and digital technology,breaking through the limitation of space,leading to the diversity of participants,the diversity of teaching methods,and the diversity of the use of works.The way libraries provide services has also changed.The new teaching model relies more on libraries,and the quality of digital works provided by libraries for teachers and students is unclear.The applicable fair use is insufficient,so the fair use established in the traditional teaching mode has conflicts with the scope of the applicable subject and the way of use.This paper uses jurisprudential analysis,case analysis,comparative analysis and other methods to analyze the fair use of copyright in school teaching activities under the new teaching mode,and demonstrates existing problems through jurisprudential analysis and case analysis,so as to clarify how to solve existing problems in the application of law.For example,it is clear that the subject of fair use of teaching includes students and the fair use of classroom teaching includes school education and is not limited to the classroom.The new teaching mode also applies to fair use.Teachers transmit materials to students and students print materials in a small amount are fair use.Beyond that,it is not fair use,the performance videos for the completion of teaching tasks are only spread on campus,uploading to the network is no longer fair use,etc.Then,using comparative analysis,it analyzes the relevant provisions on the fair use of copyright in school teaching activities under the new teaching mode in foreign countries,and summarizes the practices that are the same or similar to the existing problems in China.Put forward the feasible suggestion according to the basic national conditions of our country.