Strategic Communication Plan of Cocacola Essay Example

Strategic Communication Plan of Cocacola Essay Plan for 2010 Leyla Jafarova Alexander TEI Thessaloniki, Instructor: Mrs. Milona 12/10/2010 Introduction Like all functional areas of a company, the Communication Department plays a key role in helping an organization reach its objectives. It makes an organization understandable; it emphasizes its differences; it prioritizes messages for its key audiences. Ultimately, Communications works to package and position an organization to make sure its messages are clear, coherent and consistent only then, can stakeholders be most supportive. Strategic communications plan helps you integrate all the organization’s programs, public education and advocacy efforts. By planning a long-term strategy for your efforts, you will become more proactive and strategic, rather than consistently reacting to the existing environment. The strategic plan will help you use your resources more effectively and strategically by highlighting synergies and shared opportunities in your various programs and work areas. The creation and adoption of a strategic communications plan represents a significant step for any organization. For many organizations, the adoption of such a plan represents a cultural shift toward communications and a clear recognition that all the organization’s efforts have a communications element. Public education, grassroots organizing, research, public advocacy, direct service and even fundraising are all, at their core, communications tasks vital to the health and success of a nonprofit organization. Strategic Communications Plan consists of several parts and normally includes: * Context- whats happened before? Whats the history? * Environmental Scan- what are the key factors that will affect your success? What is the media saying? Stakeholders- your stakeholders and their expected reactions. How you will manage them? * Objectives- what do you want to achieve? (should be clear, relevant, measurable use the SMART approach if you like) * Strategy- where are you going, and why? * Audiences- who are the key audiences? * Announcement- given the strategy, are you making an announceme nt? What are you announcing? * Messages- what are you saying about the announcement? * Tactics- how will you implement your strategy, both before, during and after the main announcement (assuming you have one)? * Issues- what problems may you have to overcome? Evaluation- how will you know if youve been successful? The Coca-Cola Company is a beverage retailer, manufacturer and marketer of non-alcoholic beverage concentrates and syrups. Besides its namesake Coca-Cola beverage, Coca-Cola currently offers more than 500 brands in over 200 countries or territories and serves 1. 6 billion servings each day. The company operates a franchised distribution system dating from 1889 where The Coca-Cola Company only produces syrup concentrate which is then sold to various bottlers throughout the world who hold an exclusive territory. However Coca-Cola has been criticized a lot for the past few years. We will write a custom essay sample on Strategic Communication Plan of Cocacola specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Strategic Communication Plan of Cocacola specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Strategic Communication Plan of Cocacola specifically for you FOR ONLY $16.38 $13.9/page Hire Writer It has been involved in a number of crime controversies and lawsuits related to its relationship with human rights violations and other perceived unethical practices. A number of lawsuits have been issued in relation to its allegedly monopolistic and discriminatory practices, some of which have been dismissed, some of which have caused The Coca-Cola Company to change its business practices, and some of which have been settled out of court. It has also been involved in a discrimination case. There have been continuing criticisms regarding the Coca-Cola Companys relation to the Middle East and U. S. foreign policy. The company has been criticized on a number of environmental issues. Critics claim that the companys overuse of local water supplies in some locations has led to severe shortages for regional farmers and the forced closure of some plants. Packaging used in Coca-Colas products have a significant environmental impact. However, the company strongly opposes attempts to introduce mechanisms such as container deposit legislation. All these rumors about Coca-Cola of course damaged the image of the company very much and caused many problems. Sales were going down each year. More and more people didn’t trust Coca-Cola anymore. Also, Coca-Cola has very strong rivalries. The main one is of course PepsiCo, which is very famous all over the world and has a great variety of products. Thus, Coca-cola can’t afford its image to be damaged because if that happens PepsiCo will become the leader of the industry very fast. Right now Coca-Cola needs a new Strategic Communication Plan to try to overcome the issues. Strategic Communications Plan for Coca-Cola Background statement: Last year, Coca-cola saw its sales decreased in the European market. In order to increase the sales, Coca-Cola needs to define a new strategic communications plan. As mentioned above the image of Coca-Cola has been damaged quite a lot for the past 2 years by different factors. A hard work needed to deal with consequences of this damage in the image of the company. Rivalries are always close, that’s why Coca-Cola has to be alert to stay competitive. New Strategic Communications plan is going to help the company to deal with problems both inside and outside the company. It will help Coca-Cola to use the strength and opportunities to overcome weaknesses and threats. Corporate or Business/Functional Objectives: Accelerate carbonated soft-drink growth, led by Coca-Cola * Selectively broaden their family of beverage brands in order to drive profitable growth * Grow system profitability and capability together with their bottling partners * Serve customers with creativity and consistency in order to generate growth across all channels * Direct investm ents to highest potential areas across the different markets * Drive efficiency and cost-effectiveness everywhere they are implanted * Increase sales by 3% in the next 6 months, and by 5% in total for the next 12 months * Increase the â€Å"impulse buy† by 15% in the next 12 months * Increase market shares by 10% in the next 12 months. Policy Issues: Whether or not people see Coca-Cola as a threat to be overweight * Whether or not perception of Coca-Cola was affected by the â€Å"cola war† * Whether or not young people see Coca-Cola brand as old-fashioned * Why Coca-Cola has low â€Å"impulse buy† rates External Environment Positive factors: * Coca-Cola is a well-known brand all over the world * It has good relations with partners * Coca-Cola Company has started to make a good use of internet, by developing teenagers programs and games online. * It is perceived as a constant sponsor of many different sport events all over the world * The perception of Coca-Cola was changed for better during the last year. It has become more popular among youth than it was 2 years ago. The company should keep working in this direction. Negative factors: There is an instability of the political environment that can play against American companies * The world is facing a rapid change. The period of recession has affected almost every country * Company is facing a strong concurrence, â€Å"Cola-war† * Medical Specialists try to discourage people to drink sugar-soft drinks and it really affects the sales because perception of Coca-cola is not that positive anymore. * It is an old brand which has been created for more than a century. It can be seen as an old-fashioned by young people. Internal Environment Positive factors: * Coca-Cola has a very talented staff * Staff doesn’t have any big complaints * Employees appreciate to receiv e some extra training on the subject of their interest Negative factors: Employees sometimes complain about the management being too closed-minded. * Also, there are complaints about lack of communication and feedback. * Employees are not informed on time about latest changes in the company. * Employees expressed their feeling of being under-appreciated. Window of opportunity External Clients * Coca-Cola is partner in many sports events which increase awareness about the company * It is a multi-year partner with Warner Bros. With the release of â€Å"Harry Potter movie† * It has developed the Coca-Cola Ware, based on urban street life. * Coca-Cola Company uses the environmental awareness with specific programs. Coca-Cola may start a new joint venture like one with Jamp;B. Internal Clients * Educational programs for employees * Development of new communication system within the company to make better corporate culture * Team building exercise Communication objectives External audiences * Increase awareness of the people by 5 % in the next 6 months. This increase in general, grouping all the target audiences. As Coca-Cola is already well-known brand it is not possible to increase awareness by an important percentage. * To emphasize the differences of the products compared to its competitors and create a differentiation awareness increased by 20% in the next 12 months. Coca cola has a specific taste that can differentiate it from other brands. * To emphasize the brand values awareness by 20% in the next 12 months. * To reposition the brand as younger and more fun. Coca-cola is a brand with a long history. Coca-cola needs to reposition itself to attractive again for teenagers. * To maintain the brand preference among the consumers. The brand has to reinforce its penetration in leading audiences. Internal audiences * To have a clear communication system in the company with easy access to top management and regular feedback. * To increase awareness among employees about corporate values and latest events. Messages To External audiences Coca-Cola is a world-wide leader in the industry * Open days prove that whatever is said about Coca-Cola being dirty is not true * Coca-Cola is environmentally friendly company * Coca-Cola is doing its best to support sustainable development To Internal audiences * Coca-Cola tries to be a great place to work where peopl e are inspired to be the best they can be. * Coca-Cola nurtures a winning network of customers and suppliers, to together create mutual, enduring value. Coca-Cola tries to maximize long-term return to shareowners while being mindful of our overall responsibilities. Communication priorities * Advertising campaign to reach all kinds of audiences Sponsorship not only to reach public, but also to promote Coca-cola as socially responsible company * Awareness about sustainability of Coca-Cola to create a better image about Coca-cola * Deal with criticism against Coca-Cola by having more open days, so that people can see how it’s all done with their own eyes * Create an efficient communication, feedback system within the company to satisfy employees and promote corporate culture. Strategic considerations * Women, who were as heavy users as men, should be targeted in preference to increase their consumption as it was two years ago. * Younger group should be very carefully considered. As mentioned before Coca-cola is not as popular among youth that much anymore. And that should be changed. For example by sponsoring young artists * Sports events are still very important communication tool. Coca-cola needs to keep sponsoring sports events to reach large audiences. * Advertisements on TV are essential. A new TV campaign has to reposition the image of Coca-Cola as more fun and â€Å"young† and also promote impulse buy. Use of new symbol, a white bear in different context was very useful in previous years. * Press is very useful tool to reach older audiences. Several magazines have to be used to reach the goal. Depending on the magazine, advertisements should be different. If the target group of the magazine is older audience, advertisement should be simpler but more informative. Opposite to these magazines, young magazines should contain advertisements that are bright, eye catching and fun. * Use website as a powerful communication tool. It can stimulate awareness about the brand. Games, funny screen savers and other products can be displayed. Requirements for Consultations, Partnerships, and Negotiation. * Prolong the contract with Jamp;B. The joint venture was very successful and now almost any bar offers whiskey with coca-cola. * Keep partnerships with suppliers and distributors * Create new ideas and partnerships. Performance indicators * To evaluate impact of advertising, tracking will be used to inform an awareness levels of a commercial and image ratings of the brand. * Surveys will be used to find out whether people like the advertising or not. * Sponsorship will be hard to evaluate. It can be done by consumer surveys, postal surveys and etc. * A Corporate image evaluation should be regular. Key shareholders and consumers should be questioned regarding their perception of the important attributes of the organization they are in. Conclusion Although it has a lot of obstacles, Coca-Cola is one of the strongest companies known world-wide. Coca-Cola is committed to local markets, paying attention to what people from different cultures and backgrounds like to drink, and where and how they want to drink it. With its bottling partners, the Company reaches out to the local communities it serves, believing that Coca-Cola exists to benefit and refresh everyone it touches. From the early beginnings when just nine drinks a day were served, Coca-Cola has grown to the world’s most ubiquitous brand, with more than 1. 4 billion beverage servings sold each day. When people choose to reach for one of The Coca-Cola Company brands, the Company wants that choice to be exciting and satisfying, every single time. I think that the brand name of Coca-cola is strong enough to deal with all the anti- advertising we see. If this Company keeps promoting itself as environment friendly, sustainable and socially responsible company, sales will go up.

Jazz essays

Jazz essays In the 1920s African American artists, writers, musicians, and performers were part of a great cultural movement known as the Harlem Renaissance. After World War I many African Americans migrated to the North and settled in the city of Harlem, New York. It was during this time that the African American community would not only grow to be a recognized culture, but it would be a time in which the people of the society could express the talents which they developed within the American society. As Quoted from Langston Hughes: It was the period when the Negro was in vogue. The African Americans of the time not only gave us great: Culture, Literature, Art, and Entertainment The African American society did give us Jazz and Blues, but the question is why did they feel it was so necessary to implement such music into a society that never believed they were capable of being more than just slaves? The answer... the African American society didnt just give us Jazz and Blues because they wanted something to pass on to the generations to come, but rather they wanted to prove not only to themselves that they could be something but also to the high hat White folk that saw them as nothing. For many blacks of the time they were the New Negro: a person who calls for social order and demands that blacks fight back against racism and segregation in American society. And the way most blacks fought back, just as their ancestors did during the time of slavery was through music. As the need for expression grew, soon after came the birth of jazz-American music characterized by improvisation, and ensemble playing among other things. Jazz got its beginning through old time spirituals, it consisted of a theory that claimed: an infinite amount of melodies can fit the chord progression of any composition. But since it wasnt 1835 and it ...

Spanish Progressive Verb Forms

Spanish Progressive Verb Forms The progressive tenses in Spanish are formed by using a conjugated form of estar, a verb usually translated as to be, followed by a present participle, the form of the verb that ends in -ando or -iendo. In English, the progressive verbs are formed by using a form of to be followed by the present participle or -ing verb form. Although the progressive verb form (also called the continuous verb form) is used much less in Spanish than it is in English, the various tenses of the Spanish progressive verb forms are the rough equivalent of the same forms in English. Present Progressive In the present progressive tense, for example, Estoy estudiando is roughly the equivalent of I am studying. Note, however, that you also could say I am studying as Estudio. In Spanish, the progressive forms put additional emphasis on the continuing nature of the action, although the distinction isnt readily translatable. Although the present progressive can be used in English for future events (as in The train is leaving soon), that cant be done in Spanish. Te estoy mirando.(I am looking at you.)Finalmente estamos comprendiendo la importancia de la comunicacià ³n.(Finally we are understanding the importance of communication.)En este momento estamos mejorando nuestro sitio web para poder servirles mejor.(At this moment we are improving our website in order to serve you better.) Imperfect Progressive This tense is the more common past progressive tense. It places emphasis on the continuing nature of the action, although again in many contexts there would be little translatable difference between, for example, Yo estaba hablando con mi madre and Yo hablaba con mi madre, both of which can be understood to mean I was talking with my mother. Un conejito estaba corriendo por la jungla cuando ve a una jirafa.(A bunny was running through the jungle when he saw a giraffe.) ¿En quà © estaban pensando?(What were they thinking of?)No se estaban oyendo el uno al otro.(They werent listening to each other.) Preterite Progressive This tense is used less often than the imperfect progressive to refer to past actions. It is not used to explain the background of an event (as in the first example in the preceding section). Use of this form suggests there was a clear end to the activity. Hoy estuve oyendo la mà ºsica de Santana.(Today I was listening to the music of Santana.)La actriz estuvo comprando ropa para su hija.(The actress was buying clothes for her daughter.)Seis equipos estuvieron jugando desde las 12 pm hasta las 9 pm para decidir quien serà ­a el campeà ³n.(Six teams were playing from noon until 9 p.m. to decide who would be the champion.) Future Progressive This tense can be used to refer to events that will be happening. And, as with the simple future tense, it can be used to say that something is likely in the present. En sà ³lo cuatro horas estarà © viajando a Palenque.(In only four hours I will be traveling to Palenque.)Tarde o temprano estaremos sufriendo.(Sooner or later we will be suffering.)Estarn estudiando ahora.(Theyre probably studying now.)Estar gastando mucho dinero en Cancà ºn.(She must be spending a lot of money in Cancun.) Conditional Progressive This tense is commonly used as the equivalent of verb constructions such as would be doing. Si hubiera nacido en Estados Unidos estarà ­a comiendo una hamburguesa.(If I had been born in the United States I would be eating a hamburger.)Si fuera tà º no estarà ­a trabajando tanto.(If I were you, I wouldnt be working so much.)Nunca pensà © que estarà ­a diciendo ahora estas cosas.(I never thought I would be saying these things.)Obviamente estamos interesados; si no, no estarà ­amos conversando.(Obviously, were interested; if not, we wouldnt be talking.) Perfect Progressive The present participle or gerund also can follow a conjugated form of haber followed by  estado  to form perfect progressive tenses, much as can be done in English with have or had and been. Such tenses carry the ideas of both continuous action and completion. These tenses arent particularly common. Dijeron los padres que el nià ±o habà ­a estado gozando de completa salud hasta el 8 de noviembre.(The parents said that the boy had been enjoying excellent health until Nov. 8.)Los estudiantes habrn estado utilizando los ordenadores.(The students will have been using the computers.)Habrà ­an estado comprando el pan en calle Serrano a la hora de la explosià ³n.(They would have been buying bread on Serrano Street at the time of the explosion.) Progressive Tenses in the Subjunctive Mood If the sentence of the structure requires it, you can also use the progressive forms in the subjunctive mood. No creo que estemos viviendo hoy en una democracia.(I dont believe we today are living in a democracy.)Es posible que està © pensando en comprar una casa.(It is possible that she is thinking about buying a house.)Es casi como si estuvieran nadando.(It is almost as if they were swimming.)No es posible que haya estado durmiendo.(It is not possible that I have been sleeping.)

College should be a equal opportunity for everyone Essay

College should be a equal opportunity for everyone - Essay Example Therefore, it is recommended that individuals are taught about the essence of taking loans. They should also be taught they ways they can be able to apply for loans and qualify easily. They should also understand that student loans are essential for them if they are in need of it especially those that are in need of attaining their degree within four years. It is for this reason that the government should establish ways in which the loans can be given equally and there should be no extra payments for students who are looking for loans independently. The first reason why this should be is due to the fact that the cost of college studies is expensive than it was anticipated some years back. This has been reported in public colleges whereby the tuition fees for the four years have increased with more than 10% above the annual inflation in the United States (Chandler and Michael 23). The same applies to the private colleges and the students who opt for two years studies. Secondly, it has been realized that a majority of parents do not have enough funds to take their children to colleges since the economic situation does not permit them. From the survey conducted in a majority of American homes in august 2012, there has been a reduction in the number of parents who can fund the college studies for their children. The numbers of parents who are also able to cover half of the college fees have decreased. In the same survey, the number of parents who could afford the amount needed for books and tuition was less than 30 percent (Chandle r and Michael 25). This shows that majority of parents need their children to able to access these funds. The other reason is applicable to the students themselves who imply that college life has turned out to be expensive. The people who find it easy to live in colleges are those who commute from their parents houses. The amount of money spent in colleges has been

<Application Student Scholarship> Essay Example | Topics and Well Written Essays - 1000 words

- Essay Example In the first year of my study, I met a lecturer named Eng James who was teaching me one of the units in electrical engineering. James substantially helped me in the chase of my profession by teaching me entrepreneurship skills. According to his remarks, it was quite evident that entrepreneurship was one of the significant aspects of a renowned businessman/woman. In this case, the most valuable lessons that I learnt from James was achieving my individual career goals. I was raised in a family unit which had a strong proclivity to the study of science. Therefore, I have developed a fascination for science since my childhood period. This fascination is what enabled me to take a career in electrical engineering. During my study, I have scored highly in most units in my course. As a major in electrical and electronics engineering, I have tremendous potential to becoming a leading force in all walks of life. This four year undergraduate study in the university as enabled me to learn that engineering is one of the most vital disciplines which govern human life (Baine, 2004). This is because the study of engineering imparts the learners with knowledge, which is considered as a valuable insight to the global market. During my study in the university, I gained knowledge in various subjects including power electronics, electronic circuit design and power systems. In addition, I have also gained information with regard to the developing technology. For instance, I am well acquainted in software design and programming languages. Throughout my learning, I was always one of the top ranked students in the engineering department. At one point in my studies, I was ranked the first student out of twelve thousand students among 18 universities in California in the department of engineering. I was also among the small percentage of students who had a constant academic record. I successfully cleared my studies

Interest of Stakeholders and Copyright Law

Interest of Stakeholders and Copyright Law Introduction Copyright law has been developed into major issue when it comes to the interest between the stakeholders as the technologies today are evolving in decent speed. Copying an intellectual property without the authorisation of the owner is an infringement under the law of United Kingdom and European Union. Under European copyright law, art.2 of Directive 2001/29/EC stated that authors, producers and performers will possess the exclusive right for the reproduction of their own works.[1] However, when it comes to private copying, there is an exception under the directive with certain conditions. This could be said as the balance of the interest between the copyright owner and user of the products. A private copy is defined as any copy for non-commercial purposes neither directly or indirectly by a natural person for personal use.[2] The private copy exception is provided in the art.5(2)b of the DIRECTIVE 2001/29/EC, where Member States may provide for exceptions or limitations to the reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, the right holders receive fair compensation which takes account of the application or non-application of technological measures referred to in Article 6 to the work or subject-matter concerned; [3] The would permit someone to format shift (i.e. shift content from one format to another); or space-shift (i.e. move content to different personal devices or media); and back-up copies that they have acquired.[4] As a mechanism for fair compensation, 22 out of 27 European Union members have chosen to meet the requirement through a levy system[5] The fair compensation or the levy system of private copying mainly to compensate the copyright owner for the potential harms to their works due to private copying.[6] In Padawan SL v Sociedad General de Autores y Editores de Espana (SGAE), the court held that held that fair compensation is an autonomous concept of EU law which had to be interpreted uniformly in all the Member States that had introduced a private copying exception: although it is open to the Member States, pursuant to Article 5(2)(b) of Directive 2001/29, to introduce a private copying exception to the authors exclusive reproduction right laid down in European Union law, those Member States which make use of that option must provide for the payment of fair compensation to authors affected by the application of that exception. An interpretation according to which Member States which have introduced an identical exception of that kind, provided for by European Union law and including, as set out in recitals 35 and 38 in the preamble thereto the concept of fair compensation as an essential element, are free to determine the limits in an inconsistent and un-harmonised manner which may vary from one Member State to another, would be incompatible with the objective of that directive[7] The exception had to satisfy a three-step-test provided in art.5 of the Directive (also in Art.9.2 of the Berne Convention, Art.10 of the WIPO Copyright Treaty and Art.13 of the TRIPS Agreement).[8] The exception can only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the right holder.[9] Legislators of Member States must take into account the criteria provided in the test when implementing the exception to the copyright in national legislation.[10] There are still uncertainties in the scope of this exception. When it comes to the second step of the test, the phrase normal exploitation remain as a broad and unclear concept. [11] To prevent most of the infringement of exploitation, the definition of the phrase need to be interpreted in clear and restrictive approach to limit certain range of exploitation of works. reference is often made to the WTO Panels report, in which the criterion of normal exploitation was deemed to involve consideration of the forms of exploitation that currently generate an income for the author as well as those which will be probably important in the future.[12] , it could impose a status quo and prevent any extension of exceptions to new situations unforeseen by the letter of the text, but which could derive from its spirit. On the other hand, reference to future exploitations runs the risk of paralyzing exceptions every time a technical evolution allows to control previously uncontrollable uses, and thus creates new possibilities for exploitation.[13] As concerns the control by right holders of the uses of their works through technical measures, this could even lead, in the long run, to the disappearance of limitations in the digital environment.[14] , a conflict with the normal exploitation can only occur if the author is deprived of a current or potential market of considerable economic and practical importance.[15] One of the issue regarding this point is that art.5(2)(b) didnt expressly state that whether the private copy exception only refer to copies from lawful sources, or involving the copies from illegal sources. Due to this uncertain area, the exception does not actual provide the copyright holders to authorise or prohibit the users from making a private copy. Nonetheless, the uncertainty could not be leading to the meaning of that the provision could demand the copyright holders to tolerate with the infringement of rights within private copy. This issue occurs in Netherland, where the Government of Netherland stated that the source of copy is irrelevant despite it is unlawful. The reason provided by the Government is that mere downloading is not a form of reproducing or making available. However, the Government held that the damages caused by illegal downloading to the copyright holder will be compensated by blank levies. The Government confirmed that only the act of uploading the unlawful content would be considered as an act of infringement, instead of mere downloading the work. The blank levies provided for illegal downloading could seen as protecting the interest of copyright holders as it would be practically impossible to enforce copyrights within the private copy area.[16] However, the legality of the sources of reproduction is matter to private copy exception. Court of Justice of European Union(CJEU) in the case of ACI Adam BV v Stichting de Thuiskopie [17]mentioned that Member States should not permitting private copy exception for any reproductions from unlawful sources as it could lead to negative impact on the functioning of the internal market[18]. In fact, tolerate to the unlawful distribution of illegal works would only legalize the act of infringement and will not minimising the act of illegal downloading. Thus, the CJEU said, art.5(2)(b) seek to ensure the proper functioning of the internal market and ensuring proper support for the dissemination of cultural works.[19] Why illegal downloading from unlawful sources shall not be legalised? First, legalising the act of illegal downloading would promote piracy, which would reduce the sales of the works from lawful sources and contravene the normal exploitation of works. Allowing illegal downloading would put the copyright holders in a position where they have to unreasonably tolerate the act of infringements, and this is clearly discriminating their legitimate interests.[20] To clearly distinguish copying from unlawful sources from private copy exception, the national legislators could achieve it by implementing a condition into the law that prohibit the acts of reproduction from the source that is obviously unlawful. [21] This approach has been taken by certain Member States to clarify the downloading act from unlawful sources not to be recognised as private copy. The German legislator expressly did in his first implementation act of the Directive (s.53(1) of the law of September 13, 2003, also called the first basket). Spain adopted a similar solution in the law of July 7, 2006, stating in Art.31.2 that the reproduction must be made from a legally accessed source to qualify as private copy. [22] Still today, it remains uncertain whether private copying is a mere defence or is actually enforceable against undue restrictions[23]. In fact, even where private copying is statutorily permitted, right holders may foreclose its exercise by relying upon technological protection measures or through licensing terms. To develop this interesting thesis more in detail, as the perspective adopted is mainly an EU one, it would have been interesting to include a discussion on the history behind the drafting of art.5 of the InfoSoc Directive (this is the relevant provision on copyright exceptions and limitations, including private copying).[24] However, the problem with the three-step test is probably to be found elsewhere: in the Directive of 2001. There, the test seems to be addressed not only to the national legislature but also to national judges.36 This gives it a broader scope than in the international conventions.37 Judges may be required to examine whether the application of a limitation in a specific case respects the conditions of Art.5.5. National courts in Europe have already analysed the application of national limitations to copyright in the light of the three-step test.38 Indeed, it is difficult to dispute judicial reliance on the test where it has been implemented in national law.39 The danger of such an approach is obvious: the private copy is at risk of being challenged by judges. Its scope risks dramatic reduction. The decision of February 28, 2006 of the French Supreme Court delivers an outstanding example.40 In this much commentated decision, the Supreme Court applied for the first time Art.5.5 of the directive in order to overcome the application of an exception in favour of a technical protection measure, arguing abstractly and generally that the private copy of a DVD conflicts with the normal exploitation of the work, without providing a definition of this term at any time.41 To avoid such misuse of the test, some guidelines *E.I.P.R. 128 for the judges of how to interpret the test in a more balanced way should urgently be worked out. The Max Planck Institute for Intellectual Property and the Queen Mary University of London jointly put in place a working group of European scholars that are currently working on this issue.42 Private Copy Exception in United Kingdom Copyright law in the United Kingdom has been evolving in recent years and the changes started to get significant since the Gowers Review of 2006 and the Hargreaves Review of 2011, gathering pace with the Enterprise and Regulatory Reform Act 2013.[25] The report in Hargreaves Review of intellectual property and the digital market in May 2011, recommend that the UK should implement the exception to ensure that the law kept up with digital copyright use.[26] For the first time, the UK legislator had implement the private copy exception into the national law. The exception was introduced by s.28B of the Copyright, Designs and Patents Act(CDPA) of 1988. This section of CDPA was enforced on October 1, 2014.[27] The new act implemented only allow copy from lawful sources for private purpose of individual concerned only. This exception does not include the passing of copy to family and friends which was allowed in the Directive. Such an exception would permit people legally to copy any work that they had access to and it would be easy to obtain copies of works without paying for them.[28] As to the narrower implementation, the Government stated that such implementation would cause no more than minimal or zero harm to the copyright holders. Based on this condition, there were no compensation provided for copyright holders in S.28B CDPA by the UK Government.[29] Problem with S.28B of CDPA The exception provided by the Directive allow the passing of copies to family or friend but the exception implemented in UK legislation prohibited such act. Professor Hargreaves suggested the Government should introduce an exception to allow individuals to make copies for their own use and that of their immediate family on different media. Importantly, Professor Hargreaves thought that the question of compensation was wrapped up in the copyright holders freedom to choose an appropriate price: Rights-holders will be free to pursue whatever compensation the market will provide by taking account of consumers freedom to act in this way and by setting prices accordingly.[30] The biggest issue in the S.28B of CDPA is that the fair compensation as provided by the directive is not implemented into the exception. Based on the directive, fair compensation to the copyright holders only could be exempt if the damage caused would be de minimis or minimal. [31]However, the UK Government commissioned a research study and impact assessment that showed the harm that would likely cause to the copyright holders due to the private copying acts permitted in S.28B of CDPA would be minimal. The main reason is that the exception only applies to rightfully acquired copies which the copyright holders would receive the sufficient remuneration at the sales of the works, which the compensation was already priced in.[32] Quashing of S.28B CDPA The exception introduced by UK Government had been challenged after it had been introduced by British Academy of Songwriters, Composers and Authors, Musicians Union and UK Music 2009 Limited. The parties had applied for judicial review on the newly introduced exception on the basis that it failed to provide fair compensation as in the Directive to the copyright holders which would be unlawful.[33] The main issue leads to the quashing of the Regulation is that whether there is evidence of the harm to the copyright holders which would be minimal to determine that compensation scheme is not required as provided by the Regulation.[34] The judge reviewed the evidence provided in Governments Updated Impact Assessment and stated that evidence to prove the harm is minimal do not meet the satisfactory level.[35] The judge also criticised the IPO Research Report provided as evidence that lack of consumer surveys, price analysis and comparative analysis with other Member States.[36] How the Exception Affect the Interest of Stakeholders When it comes to the interest of the copyright holders, we would straight pinpoint to the fair compensation issue. The reproductions of works are getting easier and wider due to advancement of technology. As downloading from unlawful sources would not be considered as private copying, CJEU in its decision in ACI Adam stated that the levy system would not be applied to illegal downloading from unlawful sources.[37] Such development had great impact on certain countries which dont distinguish between lawful and unlawful sources for private copy exception. [38] However, as large part of copies made online from unlawful sources, the levy system should be implemented to compensate such condition as only compensating copies made from lawful resources would left the copyright holders to bear the losses. Copyright holders had to prosecute the users to get remuneration for copies from unlawful sources. Such approach does not balance the interest of copyright holders if the users continue to access the unlawful sources instead of the legal online services provided.[39] Distinguishing illegal downloading from the exception would make the law serves better, but it taken away the minimum damages to be suffered by the copyright holder as online piracy and illegal downloading would not reduce merely due to removing such act from private copy exception. The decease of compensation for copyright holders would not be a reasonable solution as private copying is increasing. The interest of the copyright holders would be harmed due to such limitation instead of getting protected.[40] Recent Development In Entidad de Gestion de Derechos de los Productores Audiovisuales (EGEDA) v Administracion del Estado, the funding scheme of Spanish for private copy exception was criticised by the ECJ, where the court held that the scheme does not guarantee the cost of such compensation would solely bear by the user who made private copy.[41] In Case C-521/11 Amazon.com (11th July 2013) at paragraph [20], in relation to the person who has to pay, the Court confirmed that à ¢Ã¢â€š ¬Ã‚ ¦since the provisions of Directive 2001/29 do not expressly address the issue of who is to pay that compensation, the Member States enjoy broad discretion when determining who must discharge that obligation[42] However, the ECJ held that the Copyright Directive shall precludes budgetary scheme such as the scheme established in Spain to work as fair compensation to the copyright holders due to the private copy of their works as such scheme would involve a legal person who did not conduct such reproduction to bear the funding with those who make reproduction of works for private purpose. As the scheme could not guarantee the cost of that fair compensation is ultimately borne solely by the users of who make private copies, it shall not be treated as the fair compensation to the copyright holders even though Member States have the discretion to determine the legal person to bear such obligation.[43] [1] European Competition Law Review 2011 Case Comment Copying levies: moving towards harmonisation? The European Court rules on the concept of fair compensation for rightholders Bill Batchelor Tom Jenkins Matthew Butter [2] International Survey on Private Copying Law Practice 2015 [3] Art. 5(2)b of DIRECTIVE 2001/29/EC [4] Paragraph 91 R. (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills Queens Bench Division (Administrative Court) [5] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310183/ipresearch-faircomp-201110.pdf [6] Entertainment Law Review 2009 Finland: copyright Mikko Manner [7] Paragraph 36 Padawan SL v Sociedad General de Autores y Editores de Espana (SGAE) (C-467/08) [8] European Intellectual Property Review 2008 The answer to the machine should not be the machine: safeguarding the private copy exception in the digital environment Christophe Geiger [9] Art. 5(5) of DIRECTIVE 2001/29/EC [10] Refer to no.8 [11]Refer to no.8 [12] THE ROLE OF THE THREE-STEP TEST IN THE ADAPTATION OF COPYRIGHT LAW TO THE INFORMATION SOCIETY Christophe Geiger [13] In this sense also M. Buydens and S. Dusollier, Les exceptions au droit dauteur : à ©volutions dangereuses: Comm. com. à ©lectr. Sept. 2001, p. 13; J. C. Ginsburg (prec. note 20), p. 48, which underlines the risk that the traditionally free uses, such as for training purposes or parody, be considered as normal exploitations, supposing that right holders manage to implement a profitable collecting system. [14] See also in this sense M. Buydens and S. Dusollier (prec. note 30), p. 12. For more developments, see C. Geiger (prec. note 8), n ° 418 and s. [15] International Review of Intellectual Property and Competition Law 2006 The private copy exception, an area of freedom (temporarily) preserved in the digital environment Christophe Geiger [16] Entertainment Law Review 2008 Case Comment Netherlands: copyright home copying Diederik Stols [17] ACI Adam BV v Stichting de Thuiskopie [18] Entertainment Law Review 2014 Case Comment Private copying levies, illegal online sources and the private use defence: Case C-435/12 ACI Adam BV v Stichting de Thuiskopie1 Kirsten Toft [19] Refer to no.18 [20] International Review of Intellectual Property and Competition Law 2015 Case Comment Private copying and downloading from unlawful sources Joao Pedro Quintais [21] Refer to no.8 [22] Refer to no.8 [23] European Intellectual Property Review 2013 Publication Review Private Copying: The Scope of User Freedom in EU Digital Copyright Stavroula Karapapa Reviewed by Eleonora Rosati* [24] [25] Entertainment Law Review 2015 Case Comment You say you want a revolution: judicial review of the UKs private copying exception James Sead Rebecca Pakenham-Walsh [26] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying exception to be unlawful because there was no evidence to support the decision not to provide compensation to rights holders Joel Smith Heather Newton* [27] s.28B of the Copyright, Designs and Patents Act of 1988 [28] Para 71 R. (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills Queens Bench Division (Administrative Court) [29] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying exception to be unlawful because there was no evidence to support the decision not to provide compensation to rights holders Joel Smith Heather Newton* [30] Paragraph 53 of R. (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills Queens Bench Division (Administrative Court) [31] Recital (35) of Directive 2001/29/EC [32] European Intellectual Property Review 2015 A comparative study on the reproduction by natural persons for private use exception to copyright in the UK and France Myriam Otaola Allende* [33] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying exception to be unlawful because there was no evidence to support the decision not to provide compensation to rights holders Joel Smith Heather Newton* [34] Entertainment Law Review 2015 Case Comment You say you want a revolution: judicial review of the UKs private copying exception James Seadon* Rebecca Pakenham-Walsh [35] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying e

Written Analysis and Communication: Report on Homesafe Limited

Homesafe Ltd. Written Analysis and Communication Instructor: Dr. Seema Khanvilkar Submitted By: Apurv Jain, D023 Shreyansh Jain, D027 Mohit Sejwal, D055 Vinay Pal, D045 Sahil Bhavnani, D006 Aman Jakhar, D030 Letter of Transmittal To, Dr. Seema Khanvilkar, Business Communication Faculty, SBM, NMIMS – Mumbai Date: 4th March 2013 From, Div D, MBA – I Subject: Report on Homesafe Ltd. Respected Ma’am, With reference to the meeting held on 20th Feb, 13 regarding the recommendation required on Homesafe Ltd. case, I am enclosing the complete report with our recommendations.We recommend that Holmes should help Jackson find a part time job in an external unrelated business. This will be a win-win situation for both the parties. Sincerely, Div D Executive Summary This is report about a challenging situation faced by George Holmes, the founder of Homesafe Ltd. an emerging start-Â ­? up. Homesafe was doing very well with business prospering and expanding demand. Holmes found himself in a tricky situation when Jackson, the purchase manager of his largest client, Dwason’s, subtly suggested that he needed an alternate source of income and if Holmes did not help, Homesafe might lose business with Dwason’s. Holmes as several options like offering Jackson direct help, help him find employment elsewhere or to let go of business with Dwason’s. We recommended that Holmes leverages his personal network to find Jackson a part time job in an external unrelated business. This will conserve the relationship between Holmes and Jackson and will be in the best interest of both. Report SITUATION ANALYSIS Homesafe Ltd is an emerging start-Â ­? up in the security space. It was a started as a single product company by an engineer, George Holmes in his personal workshop. Over the year this company has grown significantly and added an advisory services vertical oo. There is significant demand for the company’s products and the business has been p rofitable in both the years. Things are looking good with business prospering, Homes has had some of his old friends join him in his business which they operate part time. Holmesafe also recently recruited fulltime employees and shifted to new premises. Holmes has invested significantly in networking and has maintained personal relationship with his clients and till a certain extend relies on these relations to push his sales too. Most prominent of these, is his relationship with Jackson, who is a procurement manager at Dwason’s Ltd, Homesafe’s argest client. During the course of these years Jackson was also offered a job at Homesafe but refused to take it up as there was a conflict of interest. One day, Holmes finds himself in a tricky situation when Jackson calls him and hints at his bleak cash situation and how a little more cash will help him. Jackson also subtly threatens Homes that Dawson’s might start buying from Browns instead of Homesafe. Although there is enough demand in the market and the security segment is growing Homes still has to think weather he can afford to lose the contract with Dwason’s. Homes has to evaluate this situation carefully and weigh his ptions of how to deal with Jackson. PROBLEM STATEMENT Should Holmes help Jackson to find him a part time job? OPTIONS 1. Holmes hires Frank Jackson as a part time employee at Homesafe 2. Offer Jackson a part time consultant role in Advisory Services 3. Help Jackson find a part time job in an external unrelated business 4. Not providing Jackson any assistance CRITERIA FOR EVALUATION 1. Holmes Ltd. ’s revenues 2. Holmes Ltd. ’s relationship with Dawson’s Ltd. 3. Frank Jackson’s conflict of interest 4. Legal implications EVALUATION OF OPTIONS George Holmes hires Frank Jackson as a part time employee for the position of a buyer IfGeorge Holmes hires Frank Jackson as an employee in his company then they might lose their partnership with the Daws on’s Ltd. since earlier on Thomas, Jackson’s boss had not approved of Jackson working with a supplier. There would be a significant conflict of interest which might pose a legal problems for both Dwason’s and jackson’s too. Since major part of the revenues comes from there, the next year’s revenues would come down steeply. Their relationship with Dawson limited would also be strained hence we can rule this option out. Offer Jackson a part time consultant role in Advisory Services By choosing this option Holmesafe ould be able to mitigate direct legal implications and also the conflict of interest can be reduced. However this is also not ideal as Jackson still would be associated with Homesafe. From Homesafe’s point of view this arrangement will work because Jackson will get a job and their relationship with Dwason’s will persist. Help Jackson find a part time job in an external unrelated business In this option there would be minimal conflict of interest and virtually no legal implications. This will be a win-Â ­? win situation for both as Jackson will find an alternate stream of income and his relationship with Holmes will continue to be ordial. This way Homesafe will be able to continue their sales to Dwason’s. Not provide assistance for his personal problem at all Choosing this option would result in a priority clash between Holmes & Jackson and thus would prune the revenues of Holmesafe in coming years as Jackson would convince his superiors to end contract with Holmesafe & hire Browns instead. The relationship between Jackson & Holmes would thus end on a bitter note, thus bringing an end to symbiotic relationship. We can rule this option out too. RECOMMENDATION We recommend that Holmes helps Jackson find a part time job in an external unrelated business. This ill benefit everyone involved and will be the most ethical choice too. Holmes helped Jackson in the capacity of a friend. PLAN OF ACTION Holme s should explain Jackson how a Job at Homesafe would be counterproductive for everyone and how he will help find him a job at an external business. Holmes by nature maintains good personal relationships with people around him. He would have significant personal contacts that he can leverage and recommend Jackson to them for a Job. Also he is joined by several of his friends at Homesafe that can also help Jackson find a job. Together they can find Jackson a job in their personal network only.