Study On The Relationship Between The Punitive Damage Compensation Of Copyright Infringement And The Spirit Damage Compensation Of Moral Rights For Copyright Infringement

If the punitive damage compensation can be introduced in the field of copyright infringement,will effectively compensate for the lack of compensatory damages system.The Copyright Law(draft for review)rules the punitive damages of copyright infringement,but the relationship between punitive damages compensation and the spirit damage compensation that are unique infringement of moral rights of copyright are not clear.Scholars dispute the relationship between the two.At present it is not expressly stipulated by law in our country,whether moral rights of copyright infringement can get spirit damage compensation.Different judges have different understanding,leading to some judges think that moral rights of copyright infringement can not get spirit damage compensation in practice.The need for a clear relationship between the two is more evident.Otherwise it would be more controversial in practice.Which is not conducive to judicial unification.The relationship between punitive compensation and spirit damage compensation for moral rights of copyright infringement must be clear.To build more perfect and conducive system of copyright infringement damages.Therefore the article study on the origin,development,nature and function of punitive damages compensation and spirit damage compensation of copyright infringement.In contrast with the regulations of Taiwan,analysis the application situation and the problem of the judgment of punitive damages compensation and the spirit damage compensation in mainland China.When revise The Copyright Law,it should be clear that moral rights of copyright infringement can get spirit damage compensation.And the relationship between punitive damages compensation of copyright infringement and the spirit damage compensation for moral rights of copyright infringement should be clear too.It is believed that as long as the applicable conditions are met,the two can be applied simultaneously.And the punitive damages compensation can be calculated by multiple of the spirit damage compensation for moral rights of copyright infringement and the compensation for economic losses.