Analysis of the Factors in Determining the Terms of Imprisonment of Copyright Infringement

• Main Authors: Shu-Fen Lin, 林淑芬
• Other Authors: 廖述誼
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/27091206872679506802

碩士 === 國立中興大學 === 應用經濟學系所 === 105 === This study explores the relationship between the factors that affect copyright infringement and criminals’ individual characteristics and the terms of imprisonment. Two dataset were used in our empirical analysis: the first dataset consists of macroeconomic secondary statistical variables data, which was used to evaluate the impacts of external social and economic changes on copyright infringement. The second dataset consists of definitive copyright infringement judgements sentenced to fixed-term imprisonment and conducted execution by district prosecutors office, which was used to investigate the relationship between individual characteristics and the terms of imprisonment. According to our empirical results, the external social and economic changes such as gross national income per capita and household computer prevalence rate is negatively correlated and positively related with copyright infringement, respectively. Comparing with general criminal case, copyright infringement recidivism rate is lower, the rate of respite is higher, computer infringement rate is higher, criminals are younger, percentages of student and higher-educated individual are higher, and family economic conditions are better. Furthermore, there exist significant differences between the terms of imprisonment and criminals’ individual characteristics, including residence area, recidivism, gender, employment status, defendant occupation, and infringement types. Four policy suggestions can be withdrawn from our findings: (1) increase the fines and eliminate the terms of imprisonment for relatively modest copyright infringement; (2) increase both the fines and the terms of imprisonment for commercial-scale copyright infringement; (3) increase professional capacity and equipment for the police department; (4) strengthen the propaganda of copyright law for students.