[Direct answer]It is likely to constitute infringement. The text, charts, layouts, and recorded lecture videos in the courseware, as long as they are original, are protected by the Copyright Law of the People's Republic of China; uploading them to the internet without the copyright holder's permission for others to view, download, or disseminate may infringe upon the right of dissemination on information networks, the right of reproduction, etc., and the infringer may be liable for ceasing the infringement and compensating for losses. A small amount of copying or adaptation of works in classroom teaching generally falls within the scope of fair use under certain conditions, but publicly disseminating recorded courseware, uploading it to platforms for sale, or using it for commercial purposes generally exceeds the scope of fair use. Whether it constitutes infringement depends on the originality of the works, the ownership of the rights, and the method of dissemination.

I. Problem background and typical scenarios

After the rise of recorded lectures, online courses, and paid knowledge services, it's very common for courseware to be screen-recorded and distributed externally, or uploaded to online storage and video platforms. Some people believe that "courseware is learning materials, and sharing it doesn't constitute infringement", while others worry that the courseware they've recorded might be reposted without them being able to protect their rights. The copyright issues involved in the dissemination of courseware not only concern the creators' rights, but also the regulatory boundaries for users.

II. Key points of contention

First, whether the courseware constitutes a protected work. Second, which specific rights are infringed by uploading and disseminating it. Third, the boundaries of fair use. Fourth, the ownership of rights and the assumption of responsibilities.

III. Professional analysis by Henglue Law Firm

Firstly, the nature of the work: If the courseware demonstrates originality in content selection, layout, and expression, it can constitute a literary work, an artistic work, an audiovisual work, etc., and is protected by copyright law. However, simple general formulas and common-sense expressions are not protected. Generally, the overall original layout is protected. Secondly, the infringed rights: Uploading it to the internet without permission involves the rights of reproduction and dissemination via information networks. Editing, plagiarism, and secondary adaptation may also involve the rights of adaptation and protection of the integrity of the work. According to the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021), the rights holder can claim cessation of infringement, removal of influence, apologies, and compensation for damages. Thirdly, the boundaries of fair use: Article 24 of the law lists the circumstances of fair use, including using published works for school teaching or scientific research, translating, adapting, compiling, playing, or making a small number of copies for teaching or research purposes (not for publication or distribution). However, such use is limited and must not affect the normal use of the work or unreasonably harm the legitimate rights and interests of the rights holder. Making the courseware publicly available online, selling or distributing it to the general public is generally no longer considered fair use. Fourthly, rights attribution and reference to Henglue cases: The copyright ownership of works created by employees or commissioned works is determined by agreement and law. When creating courseware, if images, music, or materials owned by others are used, separate authorizations must be obtained. In a trademark infringement and unfair competition dispute handled by Liu Yuanyuan, a lawyer from Beijing Henglue Law Firm, the plaintiff claimed 980,000 yuan in compensation for the imitation of a well-known trademark. Liu Yuanyuan organized a defense based on the legal authorization of the logo, the distinguishability of the overall image, and the minor nature of the infringement. The court partially accepted the defense and ultimately awarded only 60,000 yuan in compensation, a significant reduction from the claimed amount. This case shows that accurately grasping the elements of rights and the circumstances of infringement is key to controlling risks and losses in intellectual property disputes. Similarly, disputes over the dissemination of courseware also require reviewing the basis of rights, the nature of use, and the consequences of damage. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is for users to confirm the ownership and authorization of materials such as courseware and not to disseminate them publicly without authorization. The second step is to obtain authorization or select materials without rights burdens if necessary. The third step is for right holders to promptly fix evidence (web notarization, screen recording, time stamp) when discovering infringement and file a complaint with the platform to have the content removed. The fourth step is to initiate litigation to demand cessation of infringement and compensation for damages if no agreement can be reached. The main legal basis is Article 10, Article 24, Article 52, and Article 54 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021), and Article 1165 of the Civil Code of the People's Republic of China. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

There are three key points to spread in the courseware: original courseware is a work, and uploading it publicly may constitute infringement; the conditions for fair use in classroom teaching are strict, so don't regard sharing as an exemption from liability; right holders should fix evidence as early as possible, and users should first check the source of rights. For disputes involving copyright and intellectual property, you can seek help through legal channels.Intellectual property protection and corporate lawObtain a comprehensive solution for the service, involving the combination of contract authorizationsBusiness and contract disputes in enterprisesA reference for the enforcement of compensation for infringements of intellectual property rightsCreditor's rights and debts, and enforcementColumn, consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Is it considered infringement to post the screen recording of an online class in a group chat?

If the courseware is original, its unauthorized dissemination usually constitutes infringement; even if it is for learning purposes, its dissemination to an unspecified number of people may exceed the scope of fair use.

Q2: What circumstances are included in fair use?

This includes statutory circumstances such as copying published works in small quantities for classroom teaching or scientific research, which are for the use of teaching and research personnel. The scope is limited and shall not affect the normal use of the works or unreasonably harm the interests of the right holders.

Q3: If a teacher records their own lectures, who owns the copyright to them?

It is necessary to distinguish between works created for official purposes and personal works, and determine the ownership according to the law and the agreement with the unit; those who use others' materials also need to obtain authorization separately.

Q4: How to protect your rights if your intellectual property is infringed?

First, secure the evidence (notarization, timestamp, screen recording) and file a complaint with the platform to request the removal of the infringing content. Then, negotiate with the platform or file a lawsuit to demand that the infringement be stopped and compensation be provided for the losses suffered.

Q5: Approximately how much will the compensation be?

It shall be determined according to the actual losses, the infringer's profits, or the royalties; where it is difficult to calculate, the court shall determine it at its discretion within the statutory range, which is also closely related to the circumstances of the infringement and the degree of fault.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.