Copyright Law in United Arab Emirates

Copyright Law in United Arab Emirates Introduction Media Law is a branch of law that concerns governance of the telecommunications industry, broadcasting, advertising, the entertainment industry, censorship, and internet and online services inter alia. There are several branches of this law that help maintain an effective control over different media. An important aspect of media law is the Copyright law. Protection of a person’s, be it a natural person or a legal person, creative expression can be called as copyright. It usually pertains to the protection of intellectual property (Forstenlechner, Mellahi, 2011). Discussion Legal copyright issues can come to light with respect to several original works including trademarks for various brands, patents for technologies or processes involved in media. Among several issues, licensing occupies a huge space in this regard as illegitimate distribution of copyrighted works has become exceedingly persistent. Although, peer-to-peer sharing of technologies or spreading of online streams for audio/visual content is extremely beneficial to disseminate news of a new creativity in the market, it is incredibly anti profit for TV, movie and music industry. For free consumption it works like a blessing, for the legal networks, it is nothing short of a curse (Daghfous, Barkhi, 2009). This report describes the provisions of copyright laws in the United Arab Emirates. Copyright Law in the UAE as per Federal Law No. 7 of 2002, as Amended in 2006 The following is a summary of the important aspects of the copyright law as followed in UAE. Items forming part of the copyright law Chapter one, article two: Under this law, the losses of authors and other concerning right holders are covered if their violation occurs within the boundaries of the UAE (Daghfous, Barkhi, 2009). Certain works that can be compensated for, if violated, are mentioned below: Literature including books, booklets, articles, computer software, applications and databases, lectures, speeches, sermons, plays, musicals and pantomimes, musicals both accompanied and unaccompanied by dialogue, audio visual work, architectural work and plans, work involving drawing, painting, sculpturing, etching, lithography, screen printing, relief and intaglio prints and other similar works of fine art, photographic work and the like, works of applied art and plastic art, charts, maps, plans, 3-D modeling for geographical and topographical applications and architectural designs, derivative works etc (Forstenlechner, Mellahi, 2011). Items not forming part of the copyright law This copyright shall not only provide coverage of losses against violation in respect of title of the work but also in case of the use of the concept of the work by someone not authorized for (Daghfous, Barkhi, 2009). Article three of the chapter one of the copyright laws in UAE further explains that ideas, procedures, business methodologies, mathematical algorithms and basic principles and facts are not covered under this law but only their way of presentation or expressions are covered. That means, that one two persons can use the same idea provided both their presentation differs. A very common example of such a thing can be the design of a water cooler and that of a water dispenser. Both have the same idea but both have utterly varied designs (Hassan, 2009). Copyright also does not provide coverage to any of the following: 1. Official documents, regardless of what is their source or the language they were designed for, for instance, provisions of law, regulations, decisions, international conventions, court judgments, arbitrators’ awards and decisions issued with concern to judicial matters by administrative committees (Daghfous, Barkhi, 2009). 2. News of current events and issues falling under the spectrum of media coverage. 3. Works that are now owned by the public, such as books, magazines, novels etc. Regardless, the items contained in paragraphs one, two and three of this article can be covered if some sort of innovation has been involved in the way these works have been sequenced or collected. Retention rights of the author and his successor Article five of chapter two explains that the author and his general successors get perpetual and inalienable rights to the work in question (Hassan, 2009). These rights include: 1. The right for publication for the first ever time. That means that no one can publish before the first author. 2. The right of paternity/ attribution to receive credit as the author. A patent is automatically raised for the author. 3. The right of integrity for objection to belittling treatment of a work including alteration of a copyright work that alters the work negatively or impacts the honor or reputation of the author. 4. In the light of newly made discoveries, the right to remove a work from circulation that provides sufficient reason for doing so (Daghfous, Barkhi, 2009). Effect of translation on copyright Article six of chapter two explains that alteration in the work by translating it into another language can also be a base for violation of copyright laws at the places where the translator does not point out specifically where the alterations were made or if these alterations affect the honor or image of the author (Daghfous, Barkhi, 2009). Right of author, successor of author or copyright holder to license use of the work Chapter two, article seven describes the rights of the author and that of his successors. Exclusively, the author and his general successors or whoever the copyright holder may be, shall have the right to license any utilization of the said work. This can be done via any of the following channels particularly reproduction including electronic loading and storage, any form of representation, broadcasting or re-broadcasting, public performance or broadcasting, translation, modification, alteration, leasing, lending or any form of publication including access through computer or information networks, communication networks or other means (Hassan, 2009). Transfer of economic rights of the work Article nine of chapter two further explains that the economic rights of the work can be assigned by the author or his successor to a third party whether it is a natural or a legal person. This assignment must be in black and white and clearly refer to the right in question, and the objective, period and place of the assignment must also be referenced. And the rights that have not been transferred explicitly, in writing, shall be retained by the author (Daghfous, Barkhi, 2009). The author shall respecting the moral rights of the person to whom he has assigned the right, shall not obstruct any use of the same. Quid pro quo Article ten of chapter two explains that the author, keeping in mind quid pro quo, shall do the assignment of rights in exchange for monetary compensation based on the pro rata share of the revenue generated from the consequential utilization of the work. The author has also been allowed to add another sum of money to it or can also use both of these methods (Hassan, 2009). Disposal of the work shall not be considered as transfer of right Article thirteen of chapter two explains that the disposal of the author’s work by him shall not count as a transfer of right to use it, but only as a transfer of right to ownership unless the author has agreed for any such clause (Daghfous, Barkhi, 2009). International case laws featuring infringement of copyright laws The following legal issues arose due to infringement of copyright laws. These followed opinions and judgments by the laws of their respective countries or states (Hassan, 2009). Case one Brown v. Bandai America, Inc., et al., 2002 WL 1285265 (N.D. Tex. June 4, 2002) Plaintiff Brown owns the copyright for cartoon drawings called Bone Masters. In the Brown’s version of it, the cartoons are a unique figure that can add bones on the outside of their small structures, and can further turn into dinosaurs. Sunrise and Bandai are the defendants. They are a Japanese company (Daghfous, Barkhi, 2009). They make and sell toy action figures called Dinozaurs. The Dinozaurs exhibit features much similar to Brown’s characters inclusive of dinosaur-like bones on their head, legs, arms and torsos. The Fox and the Children’s Network broadcasted the character of Dinozaurs from July to November 2000. Therefore, the plaintiff filed a copyright infringement case against Bandai and later made the addition of Sunrise and Fox as defendants in the federal court of Dallas, Texas. Case two United States vs. Elcom, Ltd., etc., et al., 203 F.Supp. 2d 1111 (N.D. Cal. 2002) Elcom Ltd is a Russian software company that violated the Digital Millennium Copyright Act (DMCA) by fooling its anti circumvention defenses to bring and sell a computer program that removed restrictions from Adobe Acrobat PDF files and made formatting possible for the Adobe ebook Reader Programs. Such a program had been developed to accommodate ebook publishers in their respective distributions but it had been exploited by Elcom. United States was the plaintiff here with Elcom being the defendant (Hassan, 2009). UAE case laws featuring infringement of copyright laws Case one Sturdza vs. United Arab Emirates, et al., 281 F.3d 1287 (D.C. Cir. 2002) For a new embassy of the UAE in Washington D.C a competition was held for architects where plaintiff Sturdza submitted a design. The plaintiff was told by the defendant that her design had won the competition and that she was going to get the contract for the embassy. However, later the UAE gave the contract to another architect Demetriou (Samuelson, Wheatland, 2009). Demetriou’s design had close resemblance with that of the plaintiff’s. Using Demetrious design, the UAE began building its new embassy. The plaintiff filed a case against the UAE and Demetriou in the United States District Court for the District of Columbia, blaming the UAE, inter alia, for copyright infringement. Sturdza’s copyright infringement claim, along with other claims, was dismissed by the court. However, the court revoked the dismissal of the copyright infringement claim as the jury found profound similarities between the two designs (Daghfous, Barkhi, 2009). Case two Dubai which is a renowned city of the UAE has now been highlighted for copyright infringement cases by the world’s largest networking website, Facebook. A hairdresser in Dubai’s Discovery Gardens seems to have adopted Facebook’s logo and has a name quite similar to that of the famous and large website. It has even used the same color scheme for its logo. In fact, the font of the logo is also identical to Facebook (Samuelson, Wheatland, 2009). This case was brought into light by International Media Houses. Several small time companies take the liberty to adopt logos or trademarks of larger companies in the hopes to draw their customers, quite forgetting that in doing so they are committing a breach of law (Daghfous, Barkhi, 2009). Case three Another case that had been reported by Emirates 24|7 pertained to a clothing store in Dubai that had adopted the name of Europe’s large retailer Primark. After realizing that the fact that they had committed a breach of law, they altered their name to ‘Mercato’ (Daghfous, Barkhi, 2009). Case four Likewise, a grocery store in Dubai had unintentionally named itself after United Kingdom’s retail giant Tesco. Apparently, they had also not realized their crime. Case five On another note, an Emirati internet pirate was arrested by the local authorities in Abu Dhabi. He had the charge of downloading and distributing TV content on free online website. By the time he was caught, he was penalized was one million US dollars. He had been apprehended on 802 counts of piracy breaches (Samuelson, Wheatland, 2009). He was caught by a complaint filed by the Arabian Anti-Piracy Alliance (AAA) with pay-TV network OSN. He made a clear confession of willingly establishing a website where free users could download the subscription only content of the OSN network. His total penalty amounted up to $962400 (Samuelson, Wheatland, 2009). Case six The month before apprehension of this pirate, another one had been convicted for establishing a website where altered Xbox 360 consoles were offered and pirated Xbox 360 games were also traded (Daghfous, Barkhi, 2009). As per the law, the pirate was sentenced to a three month jail on the charge of copyright infringement and illegitimate alterations in Xbox 360 consoles by the court of first instance in Dubai (Samuelson, Wheatland, 2009). Conclusion According to the CEO of AAA these current apprehensions express the efficiency of the government coordinated operations against profit makers from internet sharing websites. However, the International Intellectual Property Alliance believes differently. Keeping in view the above cases, it understands that UAE be put back on the Special 301 Watch List in 2014. References Daghfous, A., Barkhi, R. (2009). The strategic management of information technology in UAE hotels: An exploratory study of TQM, SCM, and CRM implementations.Technovation,29(9), 588-595. Retrieved from: http://www.sciencedirect.com/science/article/pii/S0166497209000765 Forstenlechner, I., Mellahi, K. (2011). Gaining legitimacy through hiring local workforce at a premium: the case of MNEs in the United Arab Emirates.Journal of World Business,46(4), 455-461. Retrieved from: http://www.sciencedirect.com/science/article/pii/S1090951610000635 Hassan, M. K. (2009). UAE corporations-specific characteristics and level of risk disclosure.Managerial Auditing Journal,24(7), 668-687. Retrieved from: http://www.emeraldinsight.com/doi/abs/10.1108/02686900910975378 Samuelson, P., Wheatland, T. (2009). Statutory damages in copyright law: A remedy in need of reform.Wm. Mary L. Rev.,51, 439. Retrieved from: http://heinonline.org/HOL/LandingPage?handle=hein.journals/wmlr51div=15id=page=

Business Model and Strategic Plan Essay

INTRODUCTION Why do businesses need innovation is simple, the world is changing at a rapid speed and no one can predict what is coming in the future. Organizations are facing many new types of vulnerabilities everyday. Innovation helps to determinate the strategic management within an organization and prepares organizations for the unforeseeable change and to make the change. Although very organization have different priorities, or balance the unique issues of their own, ignoring the innovation, or implementing the strategic plan inefficiently can bring risks of losing key employees, inefficiency of the operation, and lose competitive advantages to the competitors. This paper will create a new division for Starbucks Coffee Co. Using this division as an example to explain the importance of the innovation in company’s vision, mission, and values, and how it related to strategic management. THE NEW BUSINESS MODEL Starbucks Corporation, doing business as Starbucks Coffee, is an American global coffee company and coffeehouse chain based in Seattle, Washington. Today, with more than 21,000 stores in 65 countries, Starbucks is the premier roaster and retailer of specialty coffee in the world. And with every cup, the company strives to bring both their heritage and an exceptional experience to life. (Starbucks.com) Since the first Starbucks opened in 1971, the company has a goal to share great coffee with friends and help make the world a little better place. (Starbucks.com) To better server Starbucks Coffee’s customers, and provide quick and easy coffee for the people who have to fight the morning or anytime traffic, Starbucks coffee co. has purposed a new business model of Self Severed Coffee Machine. This new Machine will be located outside of Starbucks stores, shopping centers, and large office buildings to better server the consumers who does not have time to wait in line and get their favorite cup of coffee. COMPETITIVE ADVANTAGES In this tough economic climate, Starbucks needs to compete smart, this means to stay a step head on ensuring the best response to customers’ need and demand. It is often to see a line of customers either inside the store or in the drive through. While we appreciate the their patience to wait in line, we also share their frustration. It is our intention to ensure everyone loves his or her coffee. While we are proud that every cup is made to earn our customers’ satisfaction, we are also spending a considerable amount of time on making them. The Self Served Starbucks machine has an ability of produce majority flavors of the coffee, which our customer likes. Simply pay the cash, wipe the credit card, or scan the mobile Starbucks App on your smartphone, the machine will make a fresh brew cup of coffee in just 45 seconds. With this machine outside of store or mall, our customer can save time on waiting in line. Even more convenient, the machines outside of the office building not only can save our customer a trip to the coffee shop in the morning, also be able to enjoy a hot fresh coffee when they sat down by their desk. This new machine can ensure the competitive advantage by its product differentiation, more focused group on customer service, and operational efficiency. MISSION VISION AND VALUE Starbucks’ mission is a reason for the company’s existence. With the unique style of combining both, our vision and mission statement is â€Å"to inspire and nurture the human spirit – one person, one cup and one neighborhood at a time.† (Starbucks.com) To align with this mission statement, our new division’s mission statement is to † bring the best quality coffee and convenience to our customers on the go, one machine at the time† This mission statement reflected the company value and beliefs to show our costumers that we care, it will also guide our employees on understand and establish what the company truly does. A good mission statement inspires employees and provides a focus and direction for strategic planning. While mission statements vary from organization to organization and represent the distinctness of each one, they all share similar components. (Mission and Vision Statements, 2010) The new division’s mission statemen ts include descriptions of Starbucks’ target market, the geographic domain, and concern for survival, growth, and profitability. SWOTT ANALYSIS Being the giant leader of the coffee and snacks industry, Starbuck coffee company needs to develop a strong strategic plan through the analysis of SWOTT. SWOTT stands for strengths, weaknesses, opportunities, threats and trends. A SWOTT analysis identifies strengths and weaknesses within a company, and outside opportunities and threats. The most important parts of a SWOT analysis specify the actions that correspond to the elements the company identify. By using the results of the analysis to improve the situation of the new division, we can reduce the likelihood of developments that negatively affect the business while improving performance. (Smallbusiness.Chron.com) EXTERNAL SWOTT Starbuck is currently in the retail coffee and snacks industry. The  self-serve coffee machine will be able to satisfy customers not just a cup of coffee but also tea, water and juice, which Starbuck currently provide in the store. The loyal based reward programs provide customers with convenience, giving presents, and increasing frequency of the machine visit. Although there will not be any customer service involved, but the efficiency of leveraging technology with the capability of mobile App will still attract customers. The machine will provide extra ideas on the screen related to recycling and reducing waste; this is a great way to communicate with people about the social responsibility initiatives of the company. Due to the economic crush in 2008, this industry has experiencing a major downfall in sales. Because of the sensitivities to the macroeconomic factors, most of industry consumers have to give up extra expenses such as over priced drinks, snacks, and food. However, with economy slowly recover, consumers will start feeling the relaxation of the financial situation, it is safe to say, this industry will has a considerable amount of growth in the near future. With Starbuck having the most of market share in the industry, they have a monopolistic competition. By far the biggest threat the company face is the mature stage of the industry. Dunkin donuts, McDonalds, or Pete’s coffee are all the main pressure on Starbucks. Starbucks brand recognition and the convenience of the self-severed machines differentiates itself, the brand and the machine will draw more customers’ attention, gain competitive advantages for the company. INTERNAL SWOTT The self-served Starbucks coffee machine will be located in some of the most prime and strategic location across the city such as universities, office buildings, and grocery stores. They will primarily targeting mid-income individuals and students. This strategy will gain competence due to the customer convince factor. The Starbuck coffee-pricing factor does pose a weakness to some targeted consumers; however, the self-severed machine will be 5% cheap because there are no labor costs involved. Expansion into a global market is an opportunity for these machines. Starbucks has a great growth potential in further expanding into the emerging and developing  markets. The company can leverage their size, experience, financial prowess and efficiencies to make new market share. (Forbes.com) Starbuck has putting significant amount of time and money on training their employees. Their employees are known for highly knowledge and experienced. They are the main assets of the company and they are provided with great benefits like stock option, retirement accounts and a healthy culture. This effective human capital management translates into great customer services. It was rated 91st in the 100 best places to work for by Fortune Magazine. (CNN.com) The internal threat for Starbucks currently is the change of life style and taste choices of consumers. More and more customers are shifting towards healthy foods and drinks; this treading can hurt the coffee culture of the company, even to industry in the future. BALANCE SCORECARD The Balanced scorecard is a management system that enables organizations to clarify their vision and strategy and translate them into action. It also provides an organization with feedback of both the internal business processes and external outcomes, which allows for continuous improvement of strategic performance and results. Develop the strategic objectives for the new division of the Starbuck in the balanced scorecard format in the context of key trends, assumptions, and risks. The strategic objectives are measures of attaining the new vision and mission. Below are the three strategic objectives for each of the four balanced scorecard areas identified (Financial, Customer, Process, Learning and Growth). FINANCIAL PERSPECTIVE How to gain the market share is the objective in financial perspective. This is aggressive strategy the new division can use to power our organization and weaken the competitors. The new † Self served coffee machine† can gain market shares by: One: New technology. This market has always been a high growth market, and high growth markets has less competitors, it means they will not fight our  efforts as fiercely. Two: Innovation. This new machine is absolutely a breakthrough innovative idea once it is release into the market. Innovation can help the new division obtain large market share. Three: Strategic Alliance. The new machine can advertise other products, which is great choice when drinking coffee. If the alliance company can help with founding, we can lower our coffee price. This is efficient way to lure customers from competitors. CUSTOMER VALUE PERSPECTIVE How do we create value for our customers are the objective for the customer perspective? Customers are the key factor to an organization success. Creating value for our customers in three ways: One: New Value. This is the most challenging way to impress customers. By setting new machines by the office buildings or school parking lots will be most convenience for people do not have time to stop for coffee in the morning, or anytime during the day. Two: More value. The machine will provide the same product as in a Starbucks coffee store, but cheaper. Three: Better Value. To expend on the existing value, the customer will be able to purchase snake from the machine. The addition product provided will simply delivering more powerful impact to consumers. PROCESS OR INTERNAL OPERATIONS PERSPECTIVE How we measure the new division performance? The new division will have its own survey attached to the machine. Customers are the top choice for us to know what does the new division do to make them come back for more. Also, customers can leave feedbacks and advice via Facebook, Yelp, or preferred  social Media. Our new division will make huge impact on the organization, because it will release the busy traffic in the morning for the store location. LEARNING AND GROWTH (EMPLOYEE) PERSPECTIVE There is no employees’ turn over or retention involved with the â€Å"Self served machine† However, the mechanics are needed for the daily maintenance and refill. The new technology will notify the mechanic department if the machine needs any attention or checkups. COMMUNICATION PLAN While having a strategic plan, mission and vision Statement is crucial for the new division, but crafting and developing this plan is only the half of the battle. To have a communication plan is one of the most important factors after the plan and analysis is finalized. Although the new division will not have any human operating the machine, there are still the needs of new policies and procedures to be carried out. The effective of these policies and procedures are most likely effect the success of the plan. For example, machines maintenance schedule, or refill of the machine. Failure to take communication plan into account can cause disastrous. MONITORING AND CONTROL Our new business plan is a comprehensive document that outlines key elements of how we going to operate this new division. The plan typically includes an assessment of the market and the competition, operating budget breakdown, and short and long-term business goals. (smallbusiness.chron.com) There are three suggest way to monitor and control our new plan: CREATE PLAN REVIEW DATES Any new business plans within an organization needs to be reviewed on a regular basis, especially the expectancy of the busy traffic with the new  self-served machine. The new division management needs to set a date, this can be quarterly or annually, to review the long-term and short-term goals. Conducting the comparative analysis will help to ensure the strategic plan is on the right path. DEVELOP A TRACKING SYSTEM The management team of new division needs to develop a new tracking system to assess how the sales are doing regularly. For example, if the target sales goal is 5000 cups per month, then track the sales weekly or twice a month to monitor and control the process. Monitor key elements frequently. Key elements of the business plan include research on the market and competition as well as revenue projections. Each of these elements is subject to rapid change, and the management team should remain aware of where you stand with regard to these issues. (Smallbusiness.chorn.com) COORDINATE BUSINESS AND MARKING PLANS Our new division will have both business and marketing plans. Sometimes, they overlap in several ways. For example, if the Marketing plans calls for a major launching campaign with the media, but the business plan’s revenue prediction rejects that plan, then the managers needs to revise the plan to stay on track. ETHICS WITHIN THE NEW DIVISION Ethical behaviors and organization social responsibility is one of the key factors to bring large benefits for the business. With the new self-served coffee machine, it attracts customers with Starbucks signature products, thereby to boosting sales and revenue. It will create more jobs, therefor, help with unemployment. It will also attract more investors and keep the company’s share price high, therefor, protecting the business and employees’ benefits. CONCLUSION The fact is brutally simple: the accelerated change within the business world is unavoidable. Evidence shows in current business world, customers are changing their needs and interest each day, markets are relentlessly unstable, and competitors are more aggressively capture any chance possible at new ideas. With technology advances faster and faster, and modifying the traditional strategic management that it touches, Innovation has become what shapes the current strategic management trends, and the right strategic management is the key to business success. References: Starbuck. Retrieved from: http://www.starbucks.com/about-us/our-heritage Mission and Vision Statements. Retrieved from: http://www.referenceforbusiness.com/management/Mar-No/Mission-and-Vision-Statements.html History of Starbuck. Retrieved from: http://www.starbucks.com/about-us/our-heritage How to Monitor & Control Your Business Plan. Retrieved from: http://smallbusiness.chron.com/monitor-control-business-plan-41401.html by Lisa McQuerrey, Demand Media The new plan of the Starbuck coffee. Retrieved from: http://www.forbes.com/sites/walterloeb/2013/01/31/starbucks-global-coffee-giant-has-new- growth-plans/ Why Perform a SWOTT Analysis? Retrieved from: http://smallbusiness.chron.com/perform-swot-analysis-5050.html 100 best company to work for. Retrieved from: http://money.cnn.com/magazines/fortune/best-companies/2013/snapshots/94.html

A Research Study On Business Education - 1565 Words

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The End Of Cold War - 2804 Words

The End of Cold War: An Analysis Cold War should be considered as one of the most important events that stirred the global political world and it should be considered as an event the end of which reshaped the socio-economic and political structure of myriads of nations across the globe. The end of the Cold War ensured the demise of the Soviet instigated communism and the rise of democracy once again. But it should be noted that just like the emergence of the Cold War the end of the Cold War was not a sudden event and several events culminated into such a conclusion. The aggressive foreign policies of the Soviet Union accompanied with the U.S. foreign policies like the Reagan Doctrine contributed to a great extent to the ultimate closure of†¦show more content†¦In brief it can be said that the Cold War was waged between the U.S. and the USSR primarily due to the fear of the Western World (and specially of America) about a communist attack, both military and ideological (â€Å"Causes of the Cold War in 1945à ¢â‚¬ , n.d.). Moreover, President Truman’s dislike of Stalin, USSR’s fear of the American atomic bomb, the nation’s aversion to the concept and philosophy of capitalism, and its actions in the Soviet zone of Germany, all contributed to the beginning of the Cold War (â€Å"Causes of the Cold War in 1945†, n.d.). The policy of aggression embraced by the USSR against Eastern Europe and simultaneously the fear of USSR about an American attack also culminated into the Cold War (â€Å"Causes of the Cold War in 1945†, n.d.). USSR had the need of securing its western border and it had the aim of spreading communism globally and these two desires also drew the attention of the Western world, the result of which was the initiation of the Cold War (â€Å"Causes of the Cold War in 1945†, n.d.). The deploying of the atomic bomb against Japan by the United States opened new regions of problems and these problems not only affected the foes of the United States but also put the nation’s friends into utter dilemma about the ultimate intentions of the United States. It must be noted that the possession