Educational Resources Developers’ Copyright

T. Kasyanenko, A. P. Alekseeva
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Abstract

Introduction. Development of digital technologies, expansion of the spheres of distant learning implementation in the context of providing the educational services has resulted in creation and location of large amount of informational content at the open educational resources and institutional websites with access restricted for the external users. As consequence, there arise issues of authorship and copyright holding of the above-mentioned content, the limits of using the intellectual activity results of the authors of such content, distribution of remuneration received for its commercial use, as well as protection of subjects’ copyright whenever it is violated.Materials and Methods. The present study is based on the works of Russian and foreign researchers on copyright, on provisions of the Russian Federation Civil and Labor Law, as well as on the legislation of foreign countries. General scientific and specific scientific methods were used, such as the method of comparative legal studies, which allowed finding out approaches for solving the set forth problems in the frame of the other jurisdictions.Results. The conducted research shows that the problem of unlawful use of the educational content and protection of the rights of the content authors and copyright holders is widely spread and is especially relevant for the open educational resources. The authors of the present article have come to the conclusion that educational online content should be qualified as a complex piece of work and at the same time as a computer software and a unique database. The limits of free use of such a product should be specifically stipulated, i.e. for personal use, for non commercial use. For settling disputes between the authors and educational institutions, it is proposed to specify in an employment contract the types of pieces of work that are considered institutional ones, and to determine the conditions for using them among the parties.Discussion and Conclusions. The investigated problems of creating and locating the large informational-educational content, of using and processing the results of intellectual activity of the authors of such content, distributing the remuneration received for its commercial use, as well as protecting the rights of subjects in case of violation, have great practical importance, because the findings can be applied to solving the problems of exclusive ownership of the institutional pieces of work.
教育资源开发者版权
介绍。在提供教育服务的背景下,数字技术的发展,远程学习实施领域的扩大,导致了开放教育资源和机构网站上大量信息内容的创建和定位,外部用户只能访问。因此,出现了上述内容的作者身份和版权持有问题,使用这些内容的作者的智力活动成果的限制,其商业用途的报酬分配,以及无论何时侵犯主体的版权保护问题。材料与方法。本研究以俄罗斯和外国研究人员关于版权的著作、俄罗斯联邦民法和劳动法的规定以及外国立法为基础。一般的科学方法和特殊的科学方法被使用,例如比较法律研究的方法,可以在其他司法管辖区的框架内找到解决所提出问题的方法。研究表明,非法使用教育内容以及保护内容作者和著作权人权利的问题普遍存在,尤其与开放教育资源相关。本文的作者已经得出结论,教育在线内容应该被限定为一个复杂的工作,同时作为一个计算机软件和一个独特的数据库。免费使用此类产品的限制应具体规定,即个人使用,非商业用途。为解决作者与教育机构之间的纠纷,建议在聘用合同中明确属于事业单位的作品类型,并确定双方的使用条件。讨论和结论。研究了大型信息教育内容的创建和定位、作者智力活动成果的使用和处理、商业使用所得报酬的分配以及侵权时主体的权利保护等问题,具有重要的现实意义,因为研究结果可以应用于解决机构作品的排他性所有权问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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