ISSN: 2265-6294

Compensation for Literary Damages to the Author

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Saddam Badn Rahima Al-Saadi

Abstract

Copyright at its core has two components; one element related to the literary aspect and another translated into the financial aspect, meaning that if the original in copyright was dealt with by the intellectual aspect, but this aspect can be exploited and reap its yield, it can be said that the financial aspect of copyright is a right subordinated to the mental right in its existence, followed by existence and non-existence, validity and invalidity, thus it is The copyright is racist, distinct from both the real and personal right. The author, while exercising his moral right, has the full right to publish his intellectual work or not, and if he decides to publish it, he has the right to evaluate it financially.And if this work was attacked, he would have the right to compensation for the damage he sustained, as the priorities of legal protection for the copyright were limited to the financial aspect of this right, which allowed for the infliction of many transgressions on the literary side under many names and excuses such as distribution, publication, publicity and the victim in all of that The owner of the intellectual work, for this and in order to complete this legal protection for all the elements of copyright, it is necessary to pay attention to it and activate the legislative texts regulating this right and ways to protect it from any damage that may be caused to it.Perhaps the most significant of these damages is the literary damage that may result from a violation of this right, as it is an intellectual right valued with money; Assaulting him means violating a right and not merely the interest of the injured party, although it is difficult to estimate compensation for him as a fair and appropriate compensation, but it is not impossible, since the control for assessing this type of damage is related to every violation that may affect the author’s feelings and emotions and compensating this psychological harm and removing it from difficulty. place ; However, it is possible to work on reforming it by compensating for the purpose of alleviating the severity of his stress, in order to achieve his reforming function.

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