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.