scholarly journals Copyright in the networked world: orphaned copyrights

2005 ◽  
Vol 23 (3) ◽  
pp. 453-459 ◽  
Author(s):  
Michael Seadle
Keyword(s):  
Game Theory ◽  
Intellectual Property ◽  
Web Site ◽  
Design Methodology ◽  
Prisoner's Dilemma ◽  
Prisoner’S Dilemma ◽  
Content Type ◽  
The Us ◽  
Tit For Tat ◽  
Practical Implications

PurposeThis column aims to look at the results of the US Copyright Office's request for comments about orphan copyrights.Design/methodology/approachIt uses a form of Game Theory called the Prisoner's Dilemma Game to analyze the comments that are available on the Copyright Office web site.FindingsSome change seems likely, if only because the opponents of change may discover that they can gain more for themselves when they stop defending the interests of those who have abandoned their copyrights already.Practical implicationsIf some form of cooperation between intellectual property consumers and rights holders could be worked out for orphan copyrights, it might lead to further “tit‐for‐tat” reactions that help to address other copyright issues.Originality/valueProvides useful information on orphan copyrights.

OCIE issues risk alert on the most frequently identified advisory fee and expense compliance issues

2018 ◽  
Vol 19 (4) ◽  
pp. 1-3
Author(s):  
Robert Van Grover
Keyword(s):  
Design Methodology ◽  
Best Practice ◽  
Investment Management ◽  
Content Type ◽  
Informed Decisions ◽  
Policies And Procedures ◽  
The Us ◽  
Investment Advisers ◽  
Practical Implications

Purpose To summarize and interpret a Risk Alert issued on April 12, 2018 by the US SEC’s Office of Compliance Inspections and Examinations (OCIE) on the most frequent advisory fee and expense compliance issues identified in recent examinations of investment advisers. Design/methodology/approach Summarizes deficiencies identified by the OCIE staff pertaining to advisory fees and expenses in the following categories: fee billing based on incorrect account valuations, billing fees in advance or with improper frequency, applying incorrect fee rates, omitting rebates and applying discounts incorrectly, disclosure issues involving advisory fees, and adviser expense misallocations. Findings In the Risk Alert, OCIE staff emphasized the importance of disclosures regarding advisory fees and expenses to the ability of clients to make informed decisions, including whether or not to engage or retain an adviser. Practical implications In light of the issues identified in the Risk Alert, advisers should assess the accuracy of disclosures and adequacy of policies and procedures regarding advisory fee billing and expenses. As a matter of best practice, advisers should implement periodic forensic reviews of billing practices to identify and correct issues relating to fee billing and expenses. Originality/value Expert guidance from experienced investment management lawyer.

Virtual currency in sanctioned jurisdictions: stepping outside of SWIFT

2019 ◽  
Vol 20 (2) ◽  
pp. 39-44 ◽  
Author(s):  
Katherine Kirkpatrick ◽  
Christine Savage ◽  
Russell Johnston ◽  
Matthew Hanson
Keyword(s):  
Best Practices ◽  
Design Methodology ◽  
Virtual Currency ◽  
Content Type ◽  
The Us ◽  
Expert Analysis ◽  
Practical Implications ◽  
Foreign Assets

Purpose To understand and analyze sanctions evasion and enforcement via virtual currencies. Design/methodology/approach Discusses various jurisdictions’ attempts to further the use of virtual currency to facilitate and maximize access to international funds; analyzes the aspects that make virtual currency uniquely suited to evade sanctions; suggests best practices for industry participants to be sure to account for the differences in crypto asset structure and related risks. Findings The US Treasury Department’s Office of Foreign Assets Control (OFAC) has explicitly stated that despite virtual currency’s anonymity, industry participants are still responsible for policing and enforcing client compliance. Although sanctioned jurisdictions are thinking creatively about ways around SWIFT, the use of virtual currency to skirt sanctions presents certain challenges. Practical implications Virtual currency industry participants should understand OFAC’s specific guidance regarding compliance obligations in the cryptocurrency space, and should implement best practices and conservative measures to avoid unknowingly running afoul of sanctions laws. Originality/value Expert analysis and guidance from experienced investigations and sanctions lawyers.

Parties push to enforce statutory time limits on SEC enforcement actions

2015 ◽  
Vol 16 (3) ◽  
pp. 30-32
Author(s):  
Benjamin Neaderland ◽  
Jared Cohen
Keyword(s):  
Design Methodology ◽  
District Of Columbia ◽  
Securities And Exchange Commission ◽  
Courts Of Appeals ◽  
Content Type ◽  
Time Limits ◽  
Court Of Appeals ◽  
Securities Law ◽  
The Us ◽  
Practical Implications

Purpose – To alert companies and individuals subject to regulation and investigation by the US Securities and Exchange Commission (SEC) of potential arguments to enforce time limits on enforcement actions that have heretofore commonly been ignored. Design/methodology/approach – Analyzes two cases - one recently decided and one pending - in US Courts of Appeals, explains significance of issues at stake. Findings – The Courts of Appeals for District of Columbia Circuit has recently reviewed, and the Court of Appeals for the 11th Circuit will soon decide whether statutory timing provisions effectively remove SEC power to bring enforcement actions past their deadlines, at least in some circumstances. Practical implications – Depending on the outcomes of the cases, companies and individuals may gain a new procedural defense or two against SEC enforcement actions. They may also expect the SEC to respond by more actively seeking tolling agreements, and/or being more cautious in issuing Wells notices. Originality/value – Guidance based on pending decisions interpreting US securities law, may bring regulatory adjustments to agency practice and procedure.

David’s view of Goliath in open innovation

2017 ◽  
Vol 33 (4) ◽  
pp. 1-3
Keyword(s):  
Open Innovation ◽  
Design Methodology ◽  
Open Spaces ◽  
Content Type ◽  
Start Up ◽  
The Us ◽  
Pertinent Information ◽  
Stereotypical Image ◽  
Practical Implications ◽  
Super Cool

Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings The stereotypical image of a new start-up has probably been driven either by pictures in Wired magazine – where they are super-cool, achingly on-trend lofts with huge open spaces and juicing machines – or by the US sitcom Silicon Valley where young men are sat in some guy’s kitchen fighting over the least rancid mug for a cup of instant coffee. There is a happy medium, and it is a very large place as almost no start-up is like this, and they are like almost everything else. They are probably like the very office you work in every single day. Practical implications The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Changing China

2017 ◽  
Vol 33 (3) ◽  
pp. 25-27
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Reading Time ◽  
Armed Forces ◽  
Military Deployment ◽  
Content Type ◽  
Us Military ◽  
The Us ◽  
Pertinent Information ◽  
Practical Implications

Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings The concept of “VUCA” – a commercial climate that has volatility, uncertainty, complexity and ambiguity – has its roots in the US military, where understanding such an environment helped with planning. For an ordered, regimented organization such as the armed forces, it was tempting to assume logic and form governed external society as well; however, this has rarely been the case in military deployment. Practical implications The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

SEC releases enforcement division FY 2017 annual report: shift in tone and likely approach

2018 ◽  
Vol 19 (1) ◽  
pp. 15-19
Author(s):  
Matthew C. Solomon ◽  
Robin M. Bergen ◽  
Alexis Collins
Keyword(s):  
Asset Management ◽  
Design Methodology ◽  
Annual Report ◽  
Risk Profile ◽  
Content Type ◽  
Policies And Procedures ◽  
The Us ◽  
Retail Investors ◽  
Practical Implications ◽  
Insight Into

Purpose To discuss and analyze the US Securities and Exchange Commission’s (SEC’s) FY 2017 Annual Report, which details its priorities for the coming year and evaluates enforcement actions that occurred during FY2017. Design/methodology/approach Summarizes key shifts from FY 2016, outlines the Enforcement Division’s current priorities, and, in view of its stated focus on the conduct of investment professionals and protection of retail investors, provides guidance to the investment management industry as it gears up for the coming year. Findings The Report provides insight into changes in the SEC’s approach to enforcement actions, including a general shift in tone suggesting a more measured approach to enforcement and remedies and a move away from a statistics-oriented approach, and a glimpse into its priorities for the coming year, including five core principles guiding the Division’s enforcement decisions. Practical implications As those in the asset management industry consider revisions to their policies and procedures for FY 2018, as well as their risk profile more generally, they should keep in mind key insights into the Commission’s enforcement strategy offered by the Report. Originality/value Practical guidance from experienced securities enforcement, litigation, compliance and anti-corruption lawyers.

Practical approaches to compliance for entrepreneurial uses of licensed databases in libraries

2015 ◽  
Vol 43 (3) ◽  
pp. 419-438 ◽  
Author(s):  
Posie Aagaard ◽  
Natasha Z Arguello
Keyword(s):  
Intellectual Property ◽  
Design Methodology ◽  
Public Libraries ◽  
Practical Experience ◽  
Content Type ◽  
For Profit ◽  
License Agreements ◽  
Practical Guidance ◽  
Definition Of ◽  
Practical Implications

Purpose – The purpose of this paper is to provide practical guidance to business librarians in academic and public libraries for applying essential concepts of licensing electronic resources in entrepreneurial contexts. Design/methodology/approach – The paper is an outcome of a preconference presentation on licensing business resources, based on the practical experience of the authors in licensing and vendor negotiations. It also presents results of the preconference presurvey, gauging awareness among business librarians about licensing concepts and concerns about the usage of licensed databases by entrepreneurs. Findings – For-profit goals of entrepreneurs using library e-resources lead to concerns among business librarians about compliance with non-commercial clauses of library license agreements and potentially to unnecessary restrictions on patrons’ database use. License agreements of business e-resources are likely to have more restrictive terms of use because of perceived value of their intellectual property by vendors, a wider range of content types and clauses carried over from commercial license agreements. Business librarians generally have only basic awareness of licensing concepts. Because of organizational silos, special terms of use sometimes are not clearly conveyed from the licensing staff to librarians who work directly with entrepreneurs. Practical implications – The paper proposes a definition of entrepreneurial uses of licensed e-resources and practical approaches to manage compliance risk. Originality/value – The paper provides a practical framework for business librarians to assess compliance with license agreements in the context of entrepreneurial uses.

Welfare effects of limiting bank loans

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Arup Bose ◽  
Debashis Pal ◽  
David Sappington
Keyword(s):  
Design Methodology ◽  
Banking Sector ◽  
Unintended Consequences ◽  
Bank Loans ◽  
Loan Portfolio ◽  
Content Type ◽  
The Us ◽  
Practical Implications ◽  
Careful Thought

Purpose This paper examines the effects of limiting the number of loans a bank can issue, reflecting a policy recently implemented by the US Federal Reserve. Design/methodology/approach This paper does so in a streamlined model of the banking sector. Findings This paper finds that a binding limit on loans can enhance welfare by motivating the bank to reduce the number of socially unproductive loans it makes. However, the limit can sometimes reduce welfare by inducing a reduction in the number of socially productive loans the bank issues, the quality of the bank’s loan portfolio, and/or the accuracy with which the bank screens loan opportunities. Practical implications The research demonstrates that limits on the loans a bank issues can have subtle and unintended consequences. Consequently, careful thought is warranted before such limits are imposed. Originality/value To our knowledge, the existing literature does not provide guidance on the merits of such loan restrictions.

Strategy and sustainable marketing problems

2016 ◽  
Vol 32 (3) ◽  
pp. 7-9
Keyword(s):  
Game Theory ◽  
Case Studies ◽  
Design Methodology ◽  
Reading Time ◽  
Cutting Edge ◽  
Content Type ◽  
Sustainable Marketing ◽  
Pertinent Information ◽  
Practical Implications ◽  
Marketing Problems

Purpose – This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach – This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings – Marketers, perhaps more than any other management profession, just love to ask the wacky questions. Perhaps you might get an adventurous economist now and again posing game theory-type conundrums or a HR trainer might invent the world’s worst employer/employee scenario, but in general, the big questions tend to get left to the philosophers and political scientists of this world. Practical/implications – The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value – The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Sustainability marketing: US hotels vs. international hotel chains

2015 ◽  
Vol 11 (1) ◽  
pp. 32-36 ◽  
Author(s):  
Lana Brackett ◽  
B. Nathaniel Carr II
Keyword(s):  
Web Site ◽  
Design Methodology ◽  
Research Study ◽  
Hotel Industry ◽  
Exploratory Research ◽  
Content Type ◽  
Large Market ◽  
The Us ◽  
Hotel Chains ◽  
The Web

Purpose – The purpose of this paper is to determine whether US-only hotels and US-based international hotel chains similarly promote sustainability marketing. Design/methodology/approach – A qualitative exploratory research study reviewing the web site marketing of the US-only hotels and US-based international hotel chains. Findings – The research indicates that there are differences in the sustainability marketing of US-only and US-based international hotel chains. Originality/value – This is a unique research study. The hotel industry has a diverse body of stateholders due to its large market and impact on sustainability.

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