Decriminalization of Economic Rights of Copyright- Focus on Protection of Legal Interests
| Autor: | Cho-Chun Juan, 阮卓群 |
|---|---|
| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 There is no doubt that the guarantee of copyright is universal value. However, the interesting thing is that the public society does not pay much attention on the protection of copyrights and even infringes copyright through “downloading”. The true reason for such a contradiction is that people believe that copyright infringement is committed to a less serious extent. Despite the fact that copyrights need to be protected, it does not require strict measures for the protection. When Liu Bang occupied Guanzhong, he made a contract with the people in the community: “Anyone guilty of homicide shall be put to death; unlawful wounding and theft are all considered as crimes,” which did not cause any dissatisfaction. In other words, it is not necessary for different matters worthy of protection to be treated by the same measures. Is it necessary to treat an unserious behavior deemed by everyone as a crime that needs to be punished? What kind of behavior needs to be punished? This article performs research on the common elements of crime to clarify the above problems and recognizes essential elements of crime by literature review to link to the legitimacy of the penalty. The concept of substantial crime’s infringement of “legal interests” was established by collating scholars'' concepts of substantial crimes, including Feuerbach, Birnbaum, Binding, Liszt and even Welzel. On top of that, the insights of contemporary scholars are also considered in order to summarize the necessary conditions of legal interests. The essence of economic right of copyright is just an expectation interest, and despite its economic value, it is still inadequate to be deemed as legal interest. As it does not meet the above conditions, the infringement of economic right of copyright is not a crime, and a penalty is not required. This just explains why people believe that copyright infringement is committed to a less serious extent. In order to be consistent with the theoretical aspects of the Copyright Act, it is necessary to discuss decriminalization. Initial problems of improper legislation have been discovered after the analysis. The sloppy legislation was due to numerous constraints to comply with Section 301 Trade Remedies of the US without considering Taiwan’s social and cultural values. Hence, it is imperative to promote decriminalization. Economic rights of copyrights can be protected by means other than penalties, and civil measures will also correspond to the general public''s perception of “user pays”. Decriminalizing the violation of copyrights will not cause loss of protection to the author, and instead will save a lot of judicial resources, in order to avoid the phenomenon of repeatedly forcing people by penalties. The value of works is again to be determined by market mechanisms rather than the authors’ decision of filing lawsuits. In addition to protecting the expectation interests of authors, it also ensures that the public can gain more contact and utilize the works protected by copyrights, which on one hand improves people’s spiritual lives, while on the other hand stimulate more creations and promote the development of national cultural. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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