关键词: 《著作权法》修改草案, 著作人身权, 精神损害赔偿, 惩罚性赔偿, 法律解释方法

Abstract:

China has started revising the previous Copyright Law since 2012. The revised draft, for the first time, supplemented the punitive damages of copyright infringement written in Article 72. To further clarify the vague range that infringement damages may contain, the paper analyses, by applying legal interpretation method, the right for authors to claim their mental detriment and the judgment standard for the mental detriment claims. The paper points out that the draft of Copyright Law should take mental detriment claims of authors into consideration and provide proper protection for authors. Some thoughts on the rough damages about mental detriment claims have also been presented in the end of the paper.

Key words: Draft of Copyright Law, moral rights of copyrights, mental detriment compensation, punitive damages, legal interpretation methods