Research On Difficult Problems Of Compensation For Moral Damage Of Copyright In China Based On Effective Judgment

At present,the most common cases of intellectual property cases accepted by Chinese courts are copyright infringement compensation cases.In recent years,with the continuous strengthening of copyright protection in China and the significant improvement of public copyright awareness,more and more infringees have put forward compensation for moral damage in the claims of copyright infringement disputes.Because the Copyright Law and related judicial interpretations do not clearly stipulate the compensation system for moral damage of copyright.,which often leads to confusion and contradiction in judicial practice.The theoretical realm of our country has made some research on the compensation for moral damage of copyright.Foreign countries,especially some civil law countries have established the compensation system for moral damage of copyright.In this paper,65 cases of copyright infringement involving compensation for moral damage are sampled from the database of PKULaw.cn.The relevant data of the sample cases are collected and the basic cases with judgment reasoning are studied.The sample cases show obvious differences,including:differences on the application of compensation for mental damage in copyright infringement;differences on the applicable standard condition for mental damage in copyright infringement;differences on determining the amount of compensation for mental damage in copyright infringement.Firstly,copyright is divided into moral rights and property rights.Only the infringement of moral rights can apply to compensation for moral damage.Secondly,the degree application of compensation for moral damage of copyright is conditional on the serious moral damage caused by infringement.Thirdly,the consideration factors of moral damage compensation for copyright should not only be in accordance with the provisions of Article 10 of the Interpretation of Mental Damage Liability but also be considered from three aspects: the infringer,the copyright owner and other factors.First of all,in order to promote the settlement of compensation for moral damage in copyright infringement disputes,China should clearly stipulate the compensation system for moral damage caused by copyright infringement in the Copyright Law,and refine the consideration factors of the amount of compensation for moral damage in the judicial interpretation of copyright disputes.What's more,our country should determine the criteria of subjective criteriaand objective criteria in determining the severity of moral damage.Last but not least,on the basis of clarifying the principle of compensation for moral damage of copyright,we should formulate the method for compensation.