Neighbouring Rights - Free Essay Example

Sample details Pages: 10 Words: 2931 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Did you like this example? Introduction It is well settled principle that the person who has applied his labor over the work should get the right of ownership over that work; this is one of the methods to justify the intellectual property. For the purpose of this project and before moving ahead we need to understand the justifications required to justify the intellectual property. One of the theories in the intellectual property is the lock-labor theory, which says that each and every person has right over his labor and the person responsible to exercise his mental/physical labor will get the ownership over that work.[1] With keeping this view of labor and fruit in mind the authors have tried to delve with the meaning and importance of the neighbouring rights which can help in easy understanding of the neighbouring rights. Don’t waste time! Our writers will create an original "Neighbouring Rights" essay for you Create order There is another name for neighbouring rights that is the related rights and the concept and idea of neighbouring rights primarily emerged due to advancement in technology which basically emerged in the second half of nineteenth century. Earlier these rights were not recognized but however in 1961 the recognition of these rights took place in the Rome Convention.[2] WIPO formed two committees of experts in order to observe the influence of new technology on the neighbouring rights and copyrights, both the committees were consisted of experts and they suggested some recommendation in the field of protecting the neighbouring as well as copyrighted work.[3] Committee were of view that the rights of performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s, broadcasterà ¢Ã¢â€š ¬Ã¢â€ž ¢s should not be subrogated rather we should adhere to some rules and regulations where we can protect the interest of these certain kind of persons. In this project author has dealt strictly with the neighbouring rights and righ ts associated with the neighbouring rights. In each of the aspect such as performersà ¢Ã¢â€š ¬Ã¢â€ž ¢ rights, broadcasting rights and producers rights of phonograms author has thrown light in reference to modern technological area and tried to show the impact of such rights on the entertainment industry as well as on the economy of the country. In this project authors have discussed all three kind of rights that more or less are subject matter of neighbouring rights. Research methodology I. Neighbouring rights These are the rights which got the recognition at the international regime in 1961 by the Rome Convention. The main purpose of these rights is to protect the interest of certain kind of persons, who are responsible to disseminate/spread the work of author to public. Related rights are also known as neighbouring rights and primarily cover the three kinds of rights: performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s artist rights in their performances, producerà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights of phonograms and the last being the broadcasting organisationà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights in their television and radio programmes.[4] The representation of neighbouring can be shown herein below. Copyright (Draw the table) Though the international committees prescribes the term of protection of rights of performers, copyright holders and phonograms rights holders should not be less than fifty years and whereas in the case of broadcasting rights the protection term should not be less than twenty years. India being a s ignatory to Berne convention, therefore in order to bring Indiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s law in level to Berne convention India streamlined the copyright laws so as to fulfill the requirements of WTO. Although Indian Law provides the greater term of protection of copyrights than as prerequisite under the WTO obligations in a matter such as copyright protection (Indian law provides for protection of copyright is à ¢Ã¢â€š ¬Ã…“life + 60 yearsà ¢Ã¢â€š ¬Ã‚ ). Therefore in 1991 the Indian Legislation amended the law in order to grant protection to broadcasterà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights for 25 years.[5] II. Reasons for recognizing neighbouring rights At this juncture it is imperative for us to know that what triggers in recognizing the neighbouring rights, so we need to understand that when the human intellect work in created and the purpose of this work is to disseminate it to public and to the customers as large as possible and this work practically not possible to be done by author himself therefore for this purpose he often requires intermediaries and mediators whose professional skills and capabilities provides the work that forms of appearance that are apt to make them reachable to a wide public, therefore all those persons who make use of artistic, library, musical work or dramatic works so as to make them publically accessible or reachable to others necessitates their own protection against the illegal and unauthorized use of their contributions in the course of communicating the work to public. The persons discussed above are essentially the record producers, performing artists and broadcasters. The creative interve ntion of performers in order to give life to the dramatic, musical works, motion pictures and choreographic works is primarily responsible for the recognition of rights of performers. It is essential to understand the reason for the recognition of rights for all three categories of person than only we can understand the reasons for the recognition of neighbouring rights. If we look over the work of producers of phonograms such as they put their money, input their creativity and organizational resources so as to make the recorded sounds accessible to the wide public in the form of commercial phonograms gives the base for the recognition of their rights.[6] Further the role of broadcasters in making the à ¢Ã¢â€š ¬Ã…“work accessible to the public and in lieu of their justified interest in controlling the transmissions and retransmissions of their broadcasts justifies the reason for the recognition of their rightsà ¢Ã¢â€š ¬Ã‚ .[7] The question why these personà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights are referred to as neighbouring rights is because of the reason that they have developed and flourished in parallel with copyright. With the enhancement in the technology and advancement of technology not only necessitate the protection of dramatic, artistic, literary and musical work but also to bring mechanism for the protection of rights of those intermediaries who are associated for the dissemination of work to public. At this stage we need to understand each and every right such as performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights, broadcasting rights etc. in detail for the better understanding of this project. Chapter II I. Performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right The recognition of these rights occurred only after in shift to modern era where the advancement of technology took place, get back to that time where the people did not had the tools to record their performances so that time nobody was concerned about their performances. Once they uttered something or performed something their exact performance died forever. The preservation and reproduction of sound in the exact way as took place in the original act became possible with the help of advancement in technology, à ¢Ã¢â€š ¬Ã…“till the time phonographic record enabled it possible for the reproduction and preservation of sound till than all audio were fugitive and transitory. It is only in this modern era where actor, preacher, singer, conductor etc. have any interest in the reproduction of their acts.à ¢Ã¢â€š ¬Ã‚ [8] The performers essentially work as an intermediary or play the role of intermediary for the dissemination of the work to the public. Till the first half of the nin eteenth century, the rights of performers were not recognized despite the fact that they exercise their art, sufficient skills and labor in order to make the work of author reachable to public. As soon as the concept of sound recording, video recording came into picture the whole paradigm with respect to performers, who worked under this paradigm for centuries got changed. Earlier people had no other way but of personal appearance so as to enjoy the performers performance. As every coin has two faces the same is the case with the technology, we understand that, sound, video recording devices are responsible for the materialization of fugitive work into the permanent one but at the same time the inventions made it possible to record the performances of performer and to commercially exploit the right of performer even without taking his prior consent.[9] II. Protection of performers rights in India In the leading case of Fortune Film International v Dev Anand[10] the issue arose is that whether the copyright exists in the performance of the performer. There were arguments form both the sides with respect to their claim; the producers contended that the performers performance is not a work within the ambit of this Act whereas the artiste contented that performers performance comes within the ambit of à ¢Ã¢â€š ¬Ã…“dramatic workà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“artistic workà ¢Ã¢â€š ¬Ã‚  as prescribed in sections 2(b) and 2(c) of the Act. Court in its judgment referring to the contentions of the parties stated that artiste performance in the cinematograph film cannot be equated or cannot be kept at par with the drawing, a photograph, sculpture or a painting and thus doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t within the meaning of artistic work. Therefore it can be understood by this leading case that there were no rights available to the performers by the Copyright Act 1957 till the coming of 1994 amendment.[11] After following the Uruguay Round of Multilateral Trade Negotiation, the Indian parliament brought the Copyright (2nd amendment) Act in 1994 in order to bring the existing copyright Act of 1957 in connation with the provisions of TRIPs.[12] One of the purpose to bring the amendment is to encompass the protection to the performance of the performers by providing the special right called as the à ¢Ã¢â€š ¬Ã…“performers rightà ¢Ã¢â€š ¬Ã‚ . The 2nd amendment Act of 1994 brought the change in the definition of performance in relation to right of performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s.[13] This amendment also inserted the definition of performer which says that[14]. Section 38 and Section 39 of Act also deals with the rights of performer. The restrictions are imposed upon the rights of performers by Section 38(4) which states that once the consent of the performer is taken with respect to incorporation of his performance, skills in the cinematograph film, than righ ts contend under the provisions of sub-sections of section 38 will not have any application as far as the rights of performer is concerned. Thus it can be concluded by the above mentioned restriction imposed upon the performers rights that instead of bringing the change and recognizing the performers right the performance of the actors still remains same as it were prior to the 1994 amendment. III. Judicial Pronouncements with respect to performers right in India At this point we need to do the case study of some prominent judicial decisions with respect to protection of performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights in India, than only we can come to the conclusion that whether the law governing the performers rights in our country are sufficient so as to protect the interest of performers. Aneesh Pradhan v. Banyan Tree Events Pvt. Ltd In this case the concert held in 1997 where the plaintiff was one of the associated table player. In 2000 the released of the CDs and tapes of that concert occurred by the Defendants. The primary contention of the plaintiff was that his prior consent was not taken by the defendants before releasing the CDs and recording the performance therefore asked for the injunction. The Court granted the injunction and restrained the defendants from selling, marketing and manufacturing the cassettes. Therefore makes it clear that not taking the prior consent of performer before recording and making available that work to pub lic can hold the person liable for the infringement of performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right.[15] These rights generally subsist for fifty years but if the performer has consented to incorporate his work in the movie, drama than this protection ceases away. Once the performance of the performer is fixed than the performer cannot enjoy the economic rights available to him. As the law propounded in Dev Anandà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was before the 2nd amendment of 1994 came into existence therefore this case as of now doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t hold the much importance. Super Cassettes Industries v Bathla Cassette Industries[16] This case was decided in the year 2003 where we had both the section i.e. section 38 and section 39 in our Copyright Act. In this case the court made a distinction as to the copyright law on one hand and the neighbouring rights on another side. The court stated that the there is a distinction between the performers rights and the neighbouring rights and musical work recording of any kind without the authorization of performer will infringe the performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right. Neha Bhasin vs. Anand Raj Anand and Anr[17] This case concerns the lady singer, Neha Basin who alleged that defendants have used her voice for three versions of song in the movie à ¢Ã¢â€š ¬Ã…“Aryanà ¢Ã¢â€š ¬Ã‚ . Further she alleges that she was depicted as a backup vocalist in the songs and the main role was shown of the defendants thus claims for the infringement of the performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right and therefore asked for injunction. Issue arose in the case was that can you hold liable defendants for the infringement of right of performer. The Court delivered in the judgment in the favor of Neha Basin by stating the beautiful lines.[18]After giving heed to all the evidences produced the court finally stated that there is clear recognition of the Nehaà ¢Ã¢â€š ¬Ã¢â€ž ¢s voice in all the versions of songs therefore she must be depicted as th e lead singer and this granted the interim injunction. IV. Whether there is need to reform the existing laws After going through the provisions governing the performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right in India, the authors are of the view that the ambit of laws is not well sufficient so as to cover the rights of performers. This chapter essentially deals with the performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right in India and the research of the author shows that there is inadequacy in the laws governing the performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right. The reason for the failure of the law is that while protecting the rights of performer we need to look the copyright law at the first instance which in itself is not capable to protect the rights of performer. The fundamental principle of the copyright law is to protect the original work of the author and the original idea of the author and this idea alone is not protected until or unless it if fixed in tangible form. Although the protection of copyright law extends to the economic rights of the performer but it is failed in protecting the moral rights of the performer. Under the provisions of WPPT, Certain rights are given to the performers called as à ¢Ã¢â€š ¬Ã…“moral rightsà ¢Ã¢â€š ¬Ã‚  but there is absence of these rights under the current provision of copyright act. Therefore there is need to bring those provisions of WPPT in our system.[19] While comparing our legal framework with respect to U.S.A. we find that our governing laws as compared to U.S.A. are weak thought the protection so provided by the US is similar as given under our laws except the US has the principle mechanism of tort law. US also doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have any special legislation to protect the neighbouring rights but there, the rights are protected by the doctrine propounded by the American Courts i.e. doctrine of right of publicity a tortious doctrine with respect to infringement of performers rights. This is something which makes the distinction between the Indian Law and US law. [1] Robert L. Ostegard, Jr, à ¢Ã¢â€š ¬Ã…“Intellectual Property: A Universal Human Rightà ¢Ã¢â€š ¬Ã‚ , The John Hopkins University Press, Vol 21, 1999. Available at: https://www.jstor.org/stable/762740 [2] Benedict Atkinson, Brian Fitzgerald, à ¢Ã¢â€š ¬Ã…“A Short history of Copyrightà ¢Ã¢â€š ¬Ã‚ , Springer. [3] (Committee of Experts on a Possible Protocol to the Berne Convention in September 1991 and the Committee of Experts on a Possible Instrument for Protection of the Rights of Performers and Producers of Phonograms in September 1992). [4] à ¢Ã¢â€š ¬Ã…“Understanding Copyright and Related Rightsà ¢Ã¢â€š ¬Ã‚  , World Intellectual Property Organisation, available at: https://www.wipo.int/edocs/pubdocs/en/intproperty/909/wipo_pub_909.pdf [5] Sanjay Pandey, à ¢Ã¢â€š ¬Ã…“Theory of Neighbouring Rightsà ¢Ã¢â€š ¬Ã‚  Feb 5, 2005. Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=838724 [6] Dr. V.K. Ahuj, à ¢Ã¢â€š ¬Ã…“Law of Copy right and Neighbouring rights: National and International Perspectivesà ¢Ã¢â€š ¬Ã‚ , Lexis Nexis. [7] Sanjay Tandon, à ¢Ã¢â€š ¬Ã…“Neighbouring Rightsà ¢Ã¢â€š ¬Ã‚ , law of copyright: from Gutenbergà ¢Ã¢â€š ¬Ã¢â€ž ¢s Invention to Internet, 2001. [8]à ¢Ã¢â€š ¬Ã…“Performersà ¢Ã¢â€š ¬Ã¢â€ž ¢ rights in India and beyond:A critical analysis of the lawson the protection of the performersà ¢Ã¢â€š ¬Ã¢â€ž ¢rightsà ¢Ã¢â€š ¬Ã‚ , DRT SARFAESI- Advocated Lawyers, Jan 4, 2012. Available at: https://drt.co.in/2012/01/04/performers-rights-in-india-and-beyond-a-critical-analysis-of-the-laws-on-the-protection-of-the-performers-rights/ [9] Performersà ¢Ã¢â€š ¬Ã¢â€ž ¢ rights in India and beyond:A critical analysis of the lawson the protection ofthe performersà ¢Ã¢â€š ¬Ã¢â€ž ¢rightsà ¢Ã¢â€š ¬Ã‚ , DRT SARFAESI- Advocated Lawyers, Jan 4, 2012. Available at: https://drt.co.in/2012/01/04/performers-rights-in-india-and-beyond-a-critical-analysis-of-the-laws-on-the-protection- of-the-performers-rights/ [10] Fortune Film International v Dev Anand, AIR 1979 Bom 17. [11] Fortune Film International v Dev Anand, AIR 1979 Bom 17. [12] Dr. V.K. Ahuj, à ¢Ã¢â€š ¬Ã…“Law of Copyright and Neighbouring rights: National and International Perspectivesà ¢Ã¢â€š ¬Ã‚ , Lexis Nexis. [13] 2(q) of Copyright Act 1957 says, à ¢Ã¢â€š ¬Ã…“Any visual or acoustic presentation made live by one or more performerà ¢Ã¢â€š ¬Ã‚ . [14] 2(qq) of Copyright Act 1957 says, à ¢Ã¢â€š ¬Ã…“Performer to include an actor, singer musician , dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance.à ¢Ã¢â€š ¬Ã‚  [15] à ¢Ã¢â€š ¬Ã…“overview of the performers right in India, Law essayà ¢Ã¢â€š ¬Ã‚ , UK Essays, Available at: https://www.ukessays.com/essays/law/overview-of-performers-rights-in-india-law-essay.php [16]Super Cassettes Industries v Bathla Cassette Industries, 107 (2003) DLT 91. [17 ] Neha Bhasin vs. Anand Raj Anand and Anr, 2006 (132) DLT 196. [18] à ¢Ã¢â€š ¬Ã…“It is essentially the reproduction of the performance through sound or visual recordings without the permission of the performer that is prohibited. Every performance has to be live in the first instance whether it is before an audience or in a studio. If this performance is recorded and thereafter exploited without the permission of the performer then the performerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right is infringed. So, as regards the performersà ¢Ã¢â€š ¬Ã¢â€ž ¢ rights, the plaintiff definitely has a serious triable caseà ¢Ã¢â€š ¬Ã‚ . [19] Performersà ¢Ã¢â€š ¬Ã¢â€ž ¢ rights in India and beyond:A critical analysis of the lawson the protection ofthe performersà ¢Ã¢â€š ¬Ã¢â€ž ¢rightsà ¢Ã¢â€š ¬Ã‚ , DRT SARFAESI- Advocated Lawyers, Jan 4, 2012. Available at: https://drt.co.in/2012/01/04/performers-rights-in-india-and-beyond-a-critical-analysis-of-the-laws-on-the-protection-of-the-performers-rights/.

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In the early 1900’s the Australian public was persuaded into believing Aboriginal children were deprived, mistreated and at risk in their own communities. People believedRead MorePersuasive Essay On Stolen Car767 Words   |  4 Pagesone of their victims, then dont be freaked out. Getting your car stolen is the mos t awful thing, but its not the end of the world. If you car is stolen, then you need to remain calm and think about the ways to get your stolen car back. You can go through the most effective ways to identify the exact location of the thief and get back your car without having any damage. Find Out Your Stolen Car In Your Parking Place Before you apply the different methods to finding your stolen car, better youRead MoreEffects Of The Colonization Of Indigenous People860 Words   |  4 Pagescountry and the wisdom and authority of Elders. This situates a strong emphasis on kinship and relationships within families and other members of Aboriginal communities. The Stolen Generation was the result of the trauma that the Aboriginal and Torres Strait Islanders face today. Due to this trauma, this has led to them to losing their culture where they have now fallen at a disadvantage such as their immediate socioeconomic causes, low levels of education and employment and poorer health. This has alsoRead MoreAssimilation Of Stolen Generations1413 Words   |  6 PagesHave you ever wondered what the Stolen Generations are and why they were taken from their families? Between 1910-1970, many Indigenous children were forcibly removed from their families because of many government policies. The generations of children removed under these policies became known as the Stolen Generations. These policies left a heritage of trauma and loss that continues to affect Indigenous communities, families, and individuals to this current day. The violent removal of IndigenousRead MoreIdentity Theft1365 Words   |  6 PagesTrade Commission, identity theft complaints have decreased since year 2008 (314,521 to 250,854). It is estimated by the FTC that as many as 9 million Americans have their identities stolen each year. As information technology progresses along with society, there is always an increased risk of having one’s identity stolen. â€Å"Identity theft was the number one complaint category in the CSN for calendar year 2010 with 19% of the overall complaints, followed by Debt Collection (11%); Internet Services (5%);Read MoreThe Death Penalty On The Criminal Justice System1491 Words   |  6 Pagesfrom of justice that he introduces is justice before the law, the type of justice that can equalize what has been taken. Aristotle focuses on the city as a community that both the offender and the victim live in. To rectify what has been taken, the victim must be restored. The way to do this is to take from the offender and give to the victim. This sort of corrective or rectificatory justice is known as ‘Aristotle’s standard interpretation’ (Brickhouse 188). When a person gets their life taken from

Project Time Management - 2653 Words

Executive Summary A success or a failure of a project depends who is making the assessment. The primary objectives of the project owner and the project contractor must be considered. These objectives are the deliverables that the project owner expects and which the project manager is employed to achieve. The primary objectives for any project can be grouped under three headings: time, cost and quality. The aim is to achieve success in all 3 aspects of the project. At times it is necessary to identify one of the three primary objectives as being of special importance This paper looks at project time management in detail, the processes required to be performed in-order to ensure timely completion of a project. It also looks in depth at 3†¦show more content†¦These processes interact closely with each other and with all other aspect and areas of managing a project. 1.3 Activity Definition Activity definition involves identifying and documenting the specific activities that are required to be complete in order to produce the required deliverables. These deliverables should have previously been identified in the WBS (work breakdown structure), which would have been developed when establishing the project scope. To help establish the activities that are required to be completed, the following inputs are required: • work breakdown structure; • scope statement; • historical information; • constraints assumptions; and • expert judgement (PMBOK 2000, p.67). These inputs are used within the following tools and techniques to determine the activity definitions: • decomposition Ââ€" involves subdividing project work packages intoShow MoreRelatedProject Planning And Time Management1389 Words   |  6 PagesProject Plan 1. Introduction Among the major factors involved in the successful completion of a PhD programme are project planning and time management. Therefore, defining and clarifying the scope and objectives of a project and breaking down the work into tasks and subtasks are crucial in order to achieve the set objectives, assess the projected timing and duration and prioritise key tasks with regard to importance and urgency. Frequent monitoring of progress against the plan constitute an essentialRead MoreProject Management Of The Mordern Time2271 Words   |  10 PagesIntroduction Project management in the mordern time started in the 1950s and this was motivated by businesses that came to the realisatiion of the benefits of organising work around projects, and the importance of communication and cordination of work across various department and professions. Project management comprises of different task which all have definate beginning and an end, it is believed that its not a continous process and it utilises various tools to measure progress and also toRead MoreProject Management : The Time Constraint3014 Words   |  13 PagesAbstract There are three major constraints of Project Management: the Time constraint, the Cost constraint and the Scope/Quality constraint. As the name suggests, the Time constraint refers to the time available for the completion of the project, Cost constraint refers to the allocated budget and the Scope constraint refers to the final expected outcome. For a construction project, it is virtually impossible to achieve the best of all worlds, i.e., cheapest, fastest and of the desired quality. DueRead MoreProject Management Of The Mordern Time3177 Words   |  13 PagesIntroduction Project management in the mordern time started in the 1950s and this was motivated by businesses that came to the realisatiion of the benefits of organising work around projects, and the importance of communication and cordination of work across various department and professions. Project management comprises of different task which all have definate beginning and an end, it is believed that its not a continous process and it utilises various tools to measure progress and also to keepRead MoreEvaluation Of A Project Time Management Essay2202 Words   |  9 Pages2.3 PROJECT TIME MANAGEMENT Activities were defined by each team member for the work packages they were responsible for. These were then assembled into a logical schedule, based on what needed to be completed first. For example the theme had to be set before the invitations could be distributed, as they needed to match this theme. The school had set the date of the ball as 3 June 2013 in the previous year. 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While most of the articles reviewed for this study refer to these standards for success criteria, the overwhelming majority find that they are not enough to fully define what success is. Atkinson (1999) defined two types of errors in project management and places using the Iron Triangle as success criteria into the category of not doing something as well as it could be done. This comes from anRead MoreThe Time Management Project Is Concerned About Integrating All Works Essay1178 Words   |  5 PagesINTRODUCTION The time management project is majorly concerned about integrating all works that are related to the organization goals. In this system, all incoming work will first be organized, then planned and finally aligned with the busy operating hours of ABC restaurant. The result will be avoiding unnecessary spending, and the money that could have been spent unnecessarily will be used to expand the organization. In addition to that, the system will see that no employee is idle at any given time. EmployeesRead MoreTime Management Project Analysis1075 Words   |  5 Pageseffective use of time management this process can be fully improved upon within a six month time period. Therefore, this paper seeks to discuss the resources that are needed, the time required to completely integrate the process into the organization and the viability of the organizations ability to pay for the expenses that will be incurred by the acquisition of the new resources. The first portion of the budget to be discussed is the purchase of resources to allow the project to take place. TheRead More My Self Improvement Project: Time Management Essay1503 Words   |  7 Pagesstudies which is time management; otherwise, I find lot of difficulty to manage my time. This problem influences my academic and personal life because I cannot manage my time correctly in order to be successful. Firstly I am not organized and I don’t have any plan to set and apply. This shows clearly the difficulty of my critical situation. I became to feel anxious and nervous all the time and also it affects on my grade. According to this I must change the way I deal with my time by changing the

Advanced Financial Accounting And Reporting -Myassignmenthelp.Com

Question: Discuss About The Advanced Financial Accounting And Reporting? Answer: Introducation Issued capitals are the capital that has already been issued to shareholders of company and it represents the share of stocks that has been offered for sale to investors. Shares that are issued correspond to accounting of subscribed share capital. Retained earnings are the earnings that are reinvested by company into the business and they are not distributed to shareholders by way of dividends (Henderson et al., 2015). Reserves are one of the components of shareholder equity and it appears on the liabilities side of balance sheets. Tax expenses of Cleanaway waste management limited as mentioned in the latest annual report for the financial year 2017 and 2016 stood at $ 36.5 million and $ 18.5 million respectively. The accounting income of company as depicted in the annual report of Cleanaway waste management limited for both the financial year 2017 and 2016 is recorded at $ 109 million and $ 61.6 million respectively. Corporation tax rate that is applicable to company is 30%. Now, the accounting income times the company tax rate for both the years stood at ($ 109* 30%= 32.7) and ($ 61.6* 30%=18.48). On other hand, income tax expenses for both the years stood at $ 36.5 million and $ 18.5 million respectively. From the computation of the above figures, it can be seen that the income tax expenses is not same accounting income times the taxation rate. Income tax expenses is more than accounting income tax expenses and the differences in these value is attributable to the fact that the accounting treatment of taxation is different from that of accounting income (Warren Jones, 2018). The accounting treatment of taxation and financial accounting are different that led to differences between the acco unting income times the taxation rate and income tax expenses. Accounting for income taxation is regarded as difficult because of difference between tax accounting treatment and financier accounting treatment (Cortesi et al., 2015). Cleanaway waste management limited has reported net deferred tax assets under the head noncurrent assets and the total amount reported on $ 89.5 million in financial year 2017 and 110.3 in financial year 2017. Organization has reported deferred tax assets in their balance sheet because amount of taxation recorded in the income statement is lower than the tax that is to be paid to taxation authority. Presence of deferred tax assets is indicative of the fact that company might receive tax benefits in future. The income tax payable by company in the financial year 2017 and 2016 is recorded at $ 16.7 million and 10.7 million. There has increase in income tax payable in the current financial year and there are no current tax assets that are held by company in both the financial year. Income tax payable is the amount of tax that is due and must be paid and income tax expense is the estimation of the amount of tax that is owed by company as per the taxation standard. Income tax payable is the liability of company that should be actually paid and income tax expense is the estimation appearing on the income statement (Hoskin et al., 2014). The income tax paid as stated in the cash flow statement for the financial year 2017 and 2016 is recorded at ($ 8.6) million and $ 7.4 million respectively. Financial year 2017 recorded income tax paid by amount ($ 8.6) million and there was tax refunding of $ 7.4 million. On other hand, income tax expense recorded in the both the years as depicted in the income statement stood at $ 36.5 million and $ 18.5 million respectively. It is clear indicated by the figure that income tax expenses is not same as income tax paid. Income tax paid is the actual amount of tax that has been paid by organization, whereas income tax expenses is the estimation of the amount of taxation that is required to be paid to government or taxation authority. Analysis of annual report of Cleanaway waste management limited provides users with the knowledge about different types of taxation and the treatment in different account. All the entry relating to taxation has been presented in the annual report in a segregated way that assist users in clear and proper understating of the concept of taxation. Deferred tax assets and deferred tax liabilities have been explained in separate section along with its components (Hoyle et al., 2015). Net profit after the income tax that are attributable to equity holders are used for the computation of basic earnings per share. Moreover, the computation of share based payment expense is done by deducting net taxation. Franking credits have also been explained in relation to treatment for taxation. Offsetting of deferred tax assets and deferred tax liabilities are done when it is enforceable legally and is related to current taxation that is levied by taxation authority. Settlement of current tax liabilities and assets is done by organization on a net basis or else there will be simultaneous realization of tax assets and liabilities (Wong Yeung, 2014). Amounts that are directly recognized in equity incorporate the deferred and current tax balances. The particular aspect of tax position of the group is currently being viewed by taxation authority of New Zealand References list: Cortesi, A., Tettamanzi, P., Scaccabarozzi, U., Spertini, I., Castoldi, S. (2015). Advanced Financial Accounting: Financial Statement AnalysisAccounting IssuesGroup Accounts. EGEA spa. Henderson, S., Peirson, G., Herbohn, K., Howieson, B. (2015). Issues in financial accounting. Pearson Higher Education A Horton, J. (2018). Advanced Financial Accounting and Reporting: Theory, Practice and Evidence. Routledge. Hoskin, R. E., Fizzell, M. R., Cherry, D. C. (2014). Financial Accounting: a user perspective. Wiley Global Education. Hoyle, J. B., Schaefer, T., Doupnik, T. (2015). Advanced accounting. McGraw Hill Warren, C. S., Jones, J. (2018). Corporate financial accounting. Cengage Learning. Williams, J. (2014). Financial accounting. McGraw-Hill Higher Education. Wong, S. T., Yeung, C. S. (2014). Advanced Financial Accounting. Pearson Education Asia Limi

An Asessment of the Mall Intercept as a Data Collection Method.

Question: Describe about the An Asessment of the Mall Intercept as a Data Collection Method? Answer: Introduction Data and its analysis is an important process, which helps in understanding and analyzing several information trend (Hair, 2007). Data can be analyzed through various methods and tools, depending on the complexity of the data and urgency of the situation. Methods applied on data analysis also impact the quality of the output which might be derived from the data analysis process (Cooper et al, 2006). Purpose of this assignment is to understand the concept of data analysis through a case study of a restaurant chain, which has opened its second restaurant in London. In order to ensure that opening a restaurant is a viable and logical move, shareholders of the restaurant wants to understand the existing market, for which data collection and its analysis needs to be done. Task 1 While working on research, there are two types of data which will be encountered by the researcher (Veal, 2005). These two types of data are: Primary data and Secondary data. Primary data can be defined as a data which is collected from firsthand experience and can be considered as most reliable and authentic form of data (Davis Cosenza, 1996). Whereas, secondary data is the one which is already published, however it cannot be considered anywhere less relevant than the primary data (Dillman et al, 2002). From perspective of restaurant data, it is important to understand that primary and secondary data can be collected from various methods (Reynolds et al, 2005). However, the basic plan for understanding of customer pricing preference has to be done through data analysis. Plan for this data collection is as follows: Data Collection Plan: Identify the need of data collection: Requirement related to data collection should be questioned first. Since in this case, stakeholders of restaurant wants to understand the customer pricing preference, hence it becomes important to conduct a data collection and based on that findings should be presented to the stakeholders, on the basis of which they can understand the market, and customer preferences (Cooper Schindler, 2003). Identify the sample size: hence for data collection methods such as surveys, interviews it is important to identify the sample size on which the data collection will be done. In this case, a sample size of 30 people can be assumed (Anderson et al, 2003). Once the data is collected it needs to be analysed through appropriate methods, so that reliable and logical information can be extracted. In case of qualitative primary data or quantitative primary data following are the solicited ways of collecting data which can be used: Figure 1: Primary data classification and methods to collect. Survey methodology which will be used is internet survey. Through internet survey a set of questions related to pricing preferences can be sent to the potential customers located near the restaurant (Clayton Werking, 1998). Digital survey form with questions and their options can be sent through the email. Once the customer completes the survey and submits it, responses will be automatically updated in the database. Sample frame for the survey will be of 30 people. Following questions will be asked in the survey for pricing preferences: Your Age Under 18 18-25 26-30 31-40 Above 40 Your gender Male Female How often do you eat in a restaurant Once a week Twice a week Daily Once a month How much do you normally spend on lunch/dinner in a restaurant? 15 - 20 21 - 25 26 - 30 31 - 40 more than 40 Above four questions will be asked in optional survey form. Reason for selecting this method is, that in this methods user has specific option to select form, which will enable accurate data analysis. Otherwise in case of qualitative data collection, at times data collected might be ambiguous in nature as well. Based on the above questionnaire it can be said that following was the findings: Among male and female, it was female gender which frequently visits the restaurants in the location where new restaurants is proposed. Among people surveyed, majority of the patrons of restaurants are above 25 years age. This reflects that people who are either working professionals, or having some type of business visits restaurants in the location. Among 30 people surveyed, 47% claimed that they visit restaurants daily, where as 33% visit once in a week. More than 40% people who were surveyed, their spending on their restaurants bill is between 26-40 Euros. Based on the results collected, on surface level, it can be said that there is tremendous potential for the proposed restaurants. Majority of people surveyed mentioned that they at least visit restaurants once a week, which is a good frequency from business point of view. In such case it becomes important to target the customer base which spends money in range of 26-40 Euros. In order to start initially, this price range is good to start, else pricing above this range might impact the perspective business, as too expensive food items might push the restaurant in league of highly premium category which will impact the customer footfall. A statistics which conveys the information that how dispersed the values are in a range is a measure of dispersion (Taylor Bogdan, 1984). In this case, range can be considered as the measure of dispersion. Range gives the difference between the greatest and the smallest value for a given value among the n observation (Benawa et al, 2009). In this case of restaurant, the idea is to select a range of 30 people of various age groups, gender and spending habit. Hence 30 is the observation sample for the survey. Based on this measure of dispersion, it is being found that what the pricing preferences of the customer are (De Leeuw, 2005). Which means, it will be analyzed that how much customer spend on food, what is their gender, age group and frequency of visit. Their spending habit will highlight their purchasing power. It is important to understand that a fine dine restaurant is an optional expense, which means it is more like a leisure activity, hence it is not necessary that people ar e always willing to spend money on expensive food. That is why it is important to understand their pricing preferences of the customer, as it will help in setting up the price of various food items on the menu. Quartile: According to Dransfield (2003), Quartile represents the middle value between two quarters of a distribution. The low quartile is the value between the first and second quarter of the distribution. The upper quartile is the value between the third and fourth quarter of the distribution. The middle class is called median (Bush Hair, 1985). Percentile: Percentiles can be defined as values that divide a sample of data into one hundred groups containing equal number of observations. For example, 40% of data values lie below the 40th percentile (Comley, 1996). Coefficient: the coefficient of variation measures the spread of a set of data as a proportion of its mean (Patton, 2005). It can also be defined as ratio of the sample standard deviation to the sample mean. Coefficient is also expressed as percentage. Hence it can be said that, these three concepts of quartiles, deciles, and percentiles divide a frequency distribution into a number of parts containing equal frequencies. When quartiles are applied then it results into division of range of values into four parts, where each part contains one quarter of value. Deciles, divides the range into ten parts, where each part represents one tenth of the total frequency, and lastly percentiles divides into hundred parts, where each part contains one hundredth of the total frequency (Granello Wheaton, 2004). Based on above analysis it can be said that the proposed restaurant should have a competitive pricing in order to ensure that it is able to cater to customers, who want to have food at competitive pricing. In this regard, other aspects related to the proposed restaurants such as its ambience, location etc. will play a major role in the pricing strategy. Task 2 Representative result for above survey is as follows: Your Age Under 18 18-25 26-30 31-40 Above 40 Result: Figure 2: Response to Question 1 of Survey Your gender Male Female Result: Figure 3: Response to Question 2 of Survey How often do you eat in a restaurant Once a week Twice a week Daily Once a month Result: Figure 4: Response to Question 3 of Survey How much do you normally spend on lunch/dinner in a restaurant? 15 - 20 21 - 25 26 - 30 31 - 40 more than 40 Result: Figure 5: Response to Question 4 of Survey Analysis of the data and final recommendation: Based on the above survey conducted following aspects are revealed: In terms of people age group who visits the restaurants in the proposed location, it can be said that majority of people are in range of 26-30 years, which forms the 40% of the total people surveyed. Second largest age group is of people in range of 31-40 years, which forms 33% of the total customer base. It means, that maximum people who visit the restaurant are working professionals or business man, and have decent buying capacity to buy premium or high quality food items. Out of 30 people surveyed, 60% respondents are female and 40% male, this means that female have a major decision making role when they decide to visit the restaurant either alone, with their friends or their partners. Hence, it is important to include items on the menu which are popular among the women. Out of 30 people surveyed, 47% people visit restaurant daily. However this cannot be true completely for a fine dining restaurant, since daily restaurants are mainly fast food outlets as well. In that case 33% people in this group visit the restaurant once a week. Such kind of customers have good buying power, because visiting restaurant every week is not a cheap dining habit. Also, such kind of frequent customer wants to experiment with the items on the menu. Hence, accordingly menu and the pricing can be decided. Most important aspect of the survey was related to people spending. In this survey, out of 30 people, 33% people have responded that they spend money in range of 15-20 Euros, it means that there is a huge market for food items which are economically priced, it also represents the fact that a large number of people are inclined towards fast food items such as burgers, pizza etc. However, important aspect of the survey was that more than 40% of the total people surveyed, responded back that they spend more than 26-30 Euros. This is where the pricing for proposed restaurant starts. Hence, it is important to focus on these entry level customers, who might like to experiment with their food items, but still might shy away from more exquisite or special food items. One major fraction of the people surveyed responded that they spend between 31-40 Euros every time they visit restaurant. Such kind of people were 27% of the total people surveyed. It means, that there is significant amount of buying power among people visiting other restaurant in that area. Based on the above, survey and its analysis following is recommended: Special attention should be given to customer who are capable of spending 26-40 Euros on each food item. This group of customer will be responsible for generation of the core revenue for the restaurant. Also, since combined strength of customer in these two price bracket is 67%, it means that people are ready to spend on food items which are priced towards high end. In such scenario, restaurant management can include high price items in the menu. Focus should be more on the above mentioned 67% of the total people surveyed. Due to the fact, that these customers will be responsible for buying high priced food items, which will have more profit margin, resulting in more revenue per person. Whereas, other 33% of the total people surveyed, it can be said that there spending level is between 15-20 Euros. This customer segment will expect cheap or economically priced food items. Hence, in any case this customer base will not help in earning much profit. That is why it is important to focus on customer base which falls in segment of 67%. Pricing preference of the customer based on the above analysis appears to be inclined toward competitive pricing (Collis Hussey, 2003). Which means, that despite of the fact that majority of the people surveyed, maximum percentage of people are towards high spending group, but still it cannot be the only criteria for deciding the final pricing structure. It can be observed from the findings, that how there is a large group of customers who prefers to spend less than 30 Euros for their food. Proposed restaurant should focus on achieving volume as well profitability from margin on the price. This will ensure that pricing of the food items remains competitive in nature, and there is something for both types of customers, whether it is a customer looking for economically priced food item, or any other customer looking for slightly high priced food item, but with pleasurable experience. It is also important to understand that in order make such business decisions; data has a critical role to play. Hence before making such critical decisions where pricing preference has to be determined, it is important to collect the data and accordingly analyze it through proper methods and techniques. References Anderson, E. C., Fernandez, D. M. J. 2003.U.S. Patent No. 6,571,246. Washington, DC: U.S. Patent and Trademark Office. Benawa, H., Dousti, R. A., Liu, T. P., Sieh, H. R., Singh, S., Winfield, C. P. 2009.U.S. Patent No. 7,555,548. Washington, DC: U.S. Patent and Trademark Office. Bush, A. J., Hair Jr, J. F. 1985. An assessment of the mall intercept as a data collection method.Journal of Marketing Research, 158-167. Clayton, R. L., Werking, G. S. 1998. Business surveys of the future: The World Wide Web as a data collection methodology.Computer assisted survey information collection, 543-562. Collis, J., Hussey, R. 2003.Business research. Basingstokee NH NH: Palgrave Macmillan. Comley, P. 1996. The use of the Internet as a data collection method.SGA Market Research. Cooper, D. R., Schindler, P. S. 2003. Business research methods. Cooper, D. R., Schindler, P. S., Sun, J. 2006. Business research methods. Davis, D., Cosenza, R. M. 1996.Business research for decision making. Belmont, California: Duxbury Press. De Leeuw, E. D. 2005. To mix or not to mix data collection modes in surveys.JOURNAL OF OFFICIAL STATISTICS-STOCKHOLM-,21(2), 233. Dillman, D. A., Eltinge, J. L., Groves, R. M., Little, R. J. 2002. Survey nonresponse in design, data collection, and analysis.Survey nonresponse, 3-26. Granello, D. H., Wheaton, J. E. 2004. Online data collection: Strategies for research.Journal of Counseling Development,82(4), 387-393. Hair, J. F. 2007. Research methods for business. Patton, M. Q. 2005.Qualitative research. John Wiley Sons, Ltd. Reynolds, P., Bosma, N., Autio, E., Hunt, S., De Bono, N., Servais, I., ... Chin, N. 2005. Global entrepreneurship monitor: Data collection design and implementation 19982003.Small business economics,24(3), 205-231. Taylor, S., Bogdan, R. 1984.Introduction to research methods. New York: Wiley. Veal, A. J. 2005.Business research methods: A managerial approach. Pearson Education Australia/Addison Wesley.