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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p>Compensation for suffering and other harm, now referred to as non-pecuniary damage, does not normally apply to legal persons unless there is a sufficiently close connection between the legal person and the author who created the work. It is not excluded that such compensation for infringement of economic rights could, for example, be considered for a legal entity to which the rights have been transferred, if the legal entity is owned and represented by the author concerned.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p>Unauthorised making available of a work, allegedly causing non-pecuniary damage in that the work is made available against the will of the rightholders in a controversial context and in a manner that results in the rightholder companies losing control over the work, are circumstances of a general nature that can always be expected to occur in cases of copyright infringement of such kind, thus not constituting circumstances that could give rise to compensation for damage other than purely financial.</p> </ItemContent> </ListItem> </OrderedList></p>

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“Dreamhost”

  • 期刊论文

  • 发表日期：

    2026年1月1日

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摘要

1.

Compensation for suffering and other harm, now referred to as non-pecuniary damage, does not normally apply to legal persons unless there is a sufficiently close connection between the legal person and the author who created the work. It is not excluded that such compensation for infringement of economic rights could, for example, be considered for a legal entity to which the rights have been transferred, if the legal entity is owned and represented by the author concerned.

2.

Unauthorised making available of a work, allegedly causing non-pecuniary damage in that the work is made available against the will of the rightholders in a controversial context and in a manner that results in the rightholder companies losing control over the work, are circumstances of a general nature that can always be expected to occur in cases of copyright infringement of such kind, thus not constituting circumstances that could give rise to compensation for damage other than purely financial.