An Analysis of a Copyright Infringement Problem in light of Criminology Theories

Abstract

The study aims to perceive: 1) relevant theories of copyright, criminology relating to copyright infringement, 2) copyright infringement in accordance with criminology theories to seek the cause of the infringement, and 3) to analyze criminology theories to find the means and protections preventing copyright infringement. This was qualitative research conducted by collecting and analyzing data relating to criminology theories and problems of copyright infringement in Thailand.

The result showed that 1) copyright is intellectual property that has its economic value; therefore, its protection is necessary for creators and society in accordance with Copyright Law Theory on the topic of balancing between creators and society benefits. 2) Theories analyzing the cause of copyright infringement are Rational Choice Theory, Social Disorganization Theory, Social Learning Theory, and Containment Theory. 3) Theories analyzing resolving copyright infringement and reaching the means or protection preventing the infringement are Social Bonding Theory, Social Defense Theory, Labeling Theory, and Law Enforcement Theory. Problems of copyright infringement should be solved by means focusing on each of primary causes. The means include encouraging community and family participation, preventing to associating with other copyright infringers, increasing social value on occupations that are legal, not labeling copyright infringers as criminals, and prosecuting an appropriate legal measure to copyright infringers. These will be more appropriate and sustainable for solving the problems.