Jurisprudential dilemmas and possible solutions for fair use in online education

Abstract

The fair use regime in copyright is a balance between the promotion of innovation and the protection of the public interest. In the Internet era, when various communication and innovation technologies are emerging, the form, content, specific regime and legal protection of the fair use regime have encountered new problems.

By looking back at the historical development of copyright and redefining the essence of the fair use system, after analyzing the specific forms and classifications of online education, and examining them in relation to whether they are of a pedagogical and scientific nature, whether they are profitable or not and to the scope of the target audience, the dilemma of extending the application of fair use to the current main areas of online education exists that is difficult to be compatible with the jurisprudential basis of fair use, and online education needs to refine the law in the area of obtaining copyright legality Online education needs to refine legal concepts, improve collective use of copyright and actively invoke the help of new technologies.