JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2015, Vol. 28 ›› Issue (3): 70-73,96.DOI: 10.13766/j.bhsk.1008-2204.2013.0347

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On Mental Detriment Claims of Copyright Owners

Lian Hongyi   

  1. Law School, Beijing University of Aeronautics and Astronautics, Beijing 100191, China
  • Received:2013-08-05 Online:2015-05-25 Published:2015-07-23

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

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