Research On Compensation For Mental Damage Caused By Infringement Of Personal Rights Of Copyright

In the context of of building a strong intellectual property country,from legislation to law enforcement and judicature,the whole country is emphasizing the protection of intellectual property rights.In the field of copyright,the protection of copyright should not only protect the property rights of copyright,but also protect the personality rights of copyright equally.However,from the current situation of legislation and judicial trial,the protection of the property rights of authors is greater than the personal rights of authors.In China,the protection of the personal rights of authors is not enough,especially in the field of compensation for mental damage when infringing the personal rights of authors.There are some problems in the direct application of the provisions of the compensation of the civil law,the unclear relationship with the legal compensation and punitive compensation,the strict restriction of the subject of rights,and the application of civil liability in the form of apology.These problems are related to the direct application of compensation for civil law in the copyright field.But,it is inappropriate to apply the remedy of infringing the personal right of natural person directly to the personal right of copyright.The compensation for mental damage in the field of copyright not only has the function of compensating and comfort,but also has the function of punishment,which is the same as the punitive function of legal compensation.The traditional compensation for mental damage takes natural person as the preset object,which cannot solve the problem of compensation for personal rights in the works of legal persons and other authors.Actually,the consequences of infringement on the personal rights of the author are the loss of spiritual interests rather than just spiritual pain.At the same time,the "serious mental damage of the work" as the compensation requirement improperly limits the protection scope of the personal rights of the works,and the tendency to apply an apology caused the mental damage of the personal rights of the works did not receive due attention.The above problems reflect the dispute between the theoretical and practical circles on the personal rights of works,and also reflect the incomplete protection of the personal rights of authors.The correct understanding and application of compensation for spiritual damage plays an important role in the protection of the personal rights of authors,which can not only stimulate subsequent creation,but also promote the lasting prosperity of culture and art.Therefore,under the current situation of insufficient judicial protection,we should issue a judicial interpretation specifically for the compensation of works,and strive to improve the relevant legal norms of the compensation for mental damage of personal rights of works.It is clear that the compensation for mental damage is included in the legal compensation,and it is clear that the authors of legal persons and the descendants of the authors shall enjoy the right to compensation for mental damage.At the same time,in order to correct the liability of compensation for mental damage,"serious mental damage" should be excluded from the compensation for personal right mental damage in the work.