Research On Spirit Damage Compensate For Infringement Of Authors' Personal Rights

Copyright is extremely special in the position in the private right systems, which protects the mental work of mankind, but the work is a kind of special property which appears the authors' spirit with the most strong and last long way. Therefore, copyright not only protects authors' property rights as to making use of the economy, but also protect authors' spirit rights which named authors' personal rights. Seeing from the creations of the work, it is an intelligence labor process. Many works are full of the authors' emotion factor during the period of create, which are closed with the authors' personal rights. Looking from the establishment goal of the authors' personal rights, we learned that it is a right which promoting the social public to respect authors' feelings emotion, protecting authors' spiritual benefit, encouraging people to carry on the creation, thus promoting social cultural prospers. When the authors' personal rights are damaged, it can create authors to be painful in the spirit or spiritual benefit loss, therefore, the spirit damage compensate system as the spirit damage relief, should include suing of the spirit damage compensate of authors' personal rights.Because the related fundamental research, the legislation basis and the experience of authors' personal rights in spirit damage compensate are few, this article begins from the elementary theoretical analysis, involves the legal standard the research and adopts the judicial practice discussion research. Firstly, I have proven the compensatory damage is still basic nature of infringement spirit damage compensate in the authors' personal rights. Secondly, I enumerate the Chinese and foreign correlation law, through analyzing theory viewpoint and the judicial practice present situation, confirmed that may sue for the damage compensate to the authors' personal rights. In order to provide the practice reference comprehensively, in the base of infringement essential conditions and connected with the concrete characteristic in authors' personal rights infringement, I advocated four essential conditions, such as illegality, spirit damage facts of infringement, causal relation between infringement act and spirit damage facts, faults by infringer. In addition, I have discussed the principle, the standard, as well as the concrete content ofspirit damage indemnity. Referring to Chinese method of spirit damage indemnity, I think should use the synthesis method and follow the budgetary estimate rule and reference rule, thus determine spirit damage indemnity of authors' personal rights infringement.