Research On The Mental Damage Compensation Of Copyright

Moral rights is very important for the mental damage compensation of copyright. The nature of moral rights is a big controversy in academic. Moral rights is closely connected with the author’s personal interests, which belongs to author and have non-property characteristics. Establish the system of the mental damage compensation of copyright is not only good for protect author’s moral rights, but also in line with the trend of world development.In addition to the introduction, this thesis is divided into five parts.The first part describes the concept of the mental damage of copyright, and analyzes it ’s nature, function and action. The mental damage compensation of copyright is the author’s rights to get monetary compensation when his moral rights was violated. The nature of the mental damage compensation of copyright is compensatory and punitive. The system of the mental damage compensation of copyright have the function of compensation, solace, punishment and containment. The mental damage compensation of copyright have great significance to protect moral rights, encourage creation and promote the cultural to prosperity.The second part is introduce the theoretical basis for the mental damage compensation of copyright. Clearly defined moral rights, specifically analyze the major doctrines about the nature of moral rights – property rights doctrine, rights of paternity doctrine, personal rights doetirne and personality rights doetirne. Moral rights have the same essential characteristics with personality rights. Moral rights is a part of the general personality of the civil law, which is the theoretical basis for the mental damage compensation of copyright.The third part is the study of the mental damage compensation of copyright in civil law and common law. Civil law countries focus on the protection of moral rights. In civil law countries, I introduce the law about the protection of moral rights in Germany, France and Japan. Moral rights protection in common law countries is not sufficient. In common law countries, I introduce the law which about the protection of moral rights in United States and United Kingdom.The fourth part is from the view of practical to analysis of the mental damage compensation of copyright. This part I combed the law, which relating to the copyright damage of moral rights, and analysis the copyright damage cases in recent years, and suggestions for improving our country ’s compensation system about the mental damage compensation of copyright.The fifth part focuses on the application of the law about the mental damage compensation of copyright. Firstly, introduce the scope of the mental damage compensation of copyright and who can ask for the mental damage compensation of copyright. Secondly, analysis the requirements of the mental damage compensation of copyright. Again, introduce the principles of the mental damage compensation of copyright. Finally, determining the amount of damages for copyright mental approach as “limit binning estimates way”.