论侵害作品发表权的认定及其民事赔偿责任

发表权是权利人是否进行发表行为及如何进行发表行为的自主决定权.违背权利人的意愿,将作品公之于众将构成对权利人发表权的侵犯.作为著作人身权的发表权被侵犯,一定情况下将会给权利人造成财产损失或精神损失,其不但可以请求侵权人承担停止侵害、赔礼道歉等民事责任外,遭受严重精神损害的权利人还有权请求并获得相应的精神损害赔偿.

Determination of Infringements of the Right of Disclosure and Civil Liability for Compensation

The right of disclosure is that the author decide whether and how to disclose their works in self-determlnation. Violating the will of author and making their works reveal to the public is the infringement of the right of diselosure. Under certain conditions, when the fight of disclosure, as one of the personal rights, has been violated, the author would suffer property and emotional damages. The author not only has the right to request the infringer stop the infringement and make an apology, but also has the right to obtain the compensation for emotional damages.