Study on the Compensation for Spiritual Damage in Copyright Infringement
The work reflects the author's thoughts and personality,therefore copyright inclu-des the right to authorship personality.According to the basic principles of tort law,if the in-fringement of personality rights causes serious mental damage to the victim,compensation for mental damage can be sought.In China,the court should award compensation for mental damages in the following situations:firstly,if the author's personality rights are infringed upon,resulting in damage to their name,reputation,and privacy rights,and the consequences are serious,the court should award compensation for mental damages to protect the author's personality rights.Secondly,when the perpetrator"intentionally"or"repeatedly"infringes on the intellectual prop-erty rights of the same author,the court should also award compensation for mental damages to punish the infringer and deter them from committing it again.Thirdly,if the carrier(orphaned manuscript)of the work is damaged,resulting in the inability to reproduce the work and infrin-ging on the right to publication,the court should also award compensation for mental damages to comfort the author's damaged soul.
Copyright Personality RightsCompensation for Mental DamagesIntentional-lyCarrier of Works
NETL
NSTL
万方数据
维普
