台灣音樂著作盜版防制政策工具之系統動態研究

Abstract

著作權類型的產品為人類最古老的創作形式，其中音樂產品為個人娛樂消費極為重要的產品，極盛時期台灣年銷售額達126餘億元新台幣，關連產業發展蓬勃。然而因為音樂盜版至2007年僅餘19億元，對正版產業形成極大的衝擊。 本論文的研究動機為：音樂產業與盜版體系間是否存在動態性的關係？瞭解音樂產業與盜版體系之間的動態關係，對於國家制訂音樂著作權保護政策能否提供適當的政策規劃建議？大力投入查緝，是否是最適當的著作權保護的政策工具？在音樂產品保護的動態體系中，不同位置投入是否能有不同的保護成效？何處是最適當的投入？ 本論文的研究目的為「藉由描繪音樂產業與盜版體系間的系統動態模型，分析系統變數間的影響關係，並掌握關鍵系統變數，以期能經由關鍵系統變數模擬而回答最適保護資源投入點以改善保護績效的問題，並提出政策建議」，以利於明瞭「保護資源投入將對於保護成效影響程度」的問題。 本論文主要的研究方法，包含文獻回顧法、深度訪談法、專家意見修正式德菲法，系統動態模擬等方法。重要之研究成果與結論為： 1. 發展音樂與音樂盜版體系之系統動態變數表。 2. 發展音樂與音樂盜版體系之概念性系統動態模型。 3. 發現政策工具投入有助於音樂盜版防制。 4. 政策工具投入應包含：教育資源投入、網路基礎建設投入、查緝人員擴編、查緝技巧訓練，提高起訴率、降低緩刑率、適度提高量刑刑度。 5. 提高法院執刑率對於音樂盜版防制的成效最明顯。 6. 速審速決有利於音樂盜版防制。

The copyright products are the most popular products today every where in the world. Music products are one of the most important copyright products that can be viewed as a symbol of culture and is the most popular form of entertainment in the modern life. Since the late 19th century sound recording technology has grown fast; music industry has also become a giant industry all over the world. In the same time, music piracy of published albums increases rapidly to the point that it has made music corporations loose profit and loose their market. Music industry in Taiwan also experienced this piracy problem in last decade. Taiwan used to be the most important Chinese pop music supply center for the whole market of Chinese-speaking countries and areas and enjoyed the highest annual revenue of 12.6 billion NT dollars in 1997. It, however, had lost its annual revenue every year since 1998; its annual revenue dropped to 1.9 billion NT dollars in 2007. Piracy has become the most critical problem that hurts Taiwan music industry badly and we must face this problem. The research motivation of this doctoral thesis was to investigate the music piracy problem and to find if there is any relationship between music industry and music piracy. If there is, does this relationship reflect a dynamic system? If it does, can a government policy help to reduce music piracy? If government policy and national resources can influence music piracy rate, what kind categories should be included in the policy and how many policy resources are needed? The research goals of this doctoral thesis were developed from research motivation. The research topics are as follows: 1. Develop the model of dynamic system of the relationship between music industry and music piracy industry, and try to draw the whole picture of the relationship. 2. Describe and analyze the factors and variables that are included in this dynamic system. In what situation and by what means do these factors and variables influence the whole dynamic system? 3. Try to find out if national policy resources can influence those factors and variables and how. Does this “influence” mean reducing piracy? 4. Try to find what an effective government policy on music piracy should be. Literature review, expert interview, modified Delphi approach and the system dynamics simulation are major methodologies used in this research. The following are the important results and conclusions of this thesis: 1. Established a table of factors and variables for the model of dynamic system of the music industry and music piracy. 2. Established the conceptual model of dynamic system of the music industry and music piracy. 3. Government policy can influence the music piracy effectively and the government should build up more effective strategies to reduce music piracy. 4. The categories in an effective policy should include: legal and moral education, digital infrastructure, increase of police force, the training of police investigation skills including investigation skills on internet piracy, the improvement of prosecution rate, reducing probation rate, increasing the weight of legal penalty on music piracy.