Journal articles on the topic 'Commercial law; Financial servives industry'

AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows. Section 1 will provide a discussion on governing law of contract and the limitations imposed by English courts on party autonomy. Section 2 discusses International commercial arbitration as an alternative dispute resolution forum. Section 3 presents some ideas for going forward, within the context of historical lessons. Finally the paper presents some conclusions in Section 4.

AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows: Section 1 will be used to introduce Islamic finance and frame the issues facing the industry in relation to dispute resolution. Section 2 will focus on providing the background required, while Section 3 frames Islamic finance in relation to conventional finance. Section 4 will provide an insight into Islamic law.

The recent emergence and rapid growth of new financial services by financial technology (Fintech) companies have driven banking institutions towards operational innovation in order to gain sustainable competitive advantage. This study aims to conduct an in-depth investigation of the banking sector in response to the challenges brought by Fintech startups. Based on the service innovation theory, we propose a novel hybrid multiple criteria decision-making method (MCDM) to evaluate service innovation strategies for improving the sustainability of China’s banking industry during the Fintech revolution. A six-dimensional model comprising 20 sub-criteria is constructed and both the decision making trial and evaluation laboratory (DEMATEL) technique and DEMATEL-based analytic network process (DANP) are used to explore interrelationships among the indices and their related weights. Finally, the modified VIšekriterijumsko KOmpromisno Rangiranje (VIKOR) method is employed to evaluate performance gaps in the four major types of commercial banks in China—state-owned, joint-stock, city commercial banks, and other credit cooperatives—in the field of service innovation. The improvement priorities, ranked from highest to lowest, are new business partners, new service concepts, organizational innovation, technological innovation, new customer interactions, and new revenue models. These results will provide strategies for the sustainable development of China’s banking industry and the implementation of changes in response to the impact of the Fintech revolution.

AbstractThe purpose of this paper is to observe, predict and assess the existence of Islamic banking in Indonesia in the development of facing and maintaining public confidence in the issue of banking crime that are currently, have been and will come. Sharia Bank As an institution in the form of a business / service industry, so in the future, commercial/state banks such as state-owned enterprise banks that manage Sharia Banks will be merged as separate National Sharia Banks. Space and opportunities for criminal acts in Islamic banking have the same space and opportunities as other banks (conventional banking). However, what distinguishes if a criminal act is suspected, it must involve institutions formed from the provisions in sharia banking law (national sharia board, sharia supervisory board) accompanied by the Police and financial service authority institutions, but in investigative work. The police apparatus or financial services authority first asks for instructions from the national sharia board and sharia supervisory board.Keywords: Crime, Conventional Banking, Sharia Banking. AbstrakTujuan penulisan ini, untuk mengamati, memprediksi dan menilai keberadaan perbankan syariah di Indonesia dalam perkembangan menghadapi dan menjaga kepercayaan masyarakat dari persoalan tindak pidana perbankan atau kejahatan perbankan yang saat ini, pernah dan atau akan datang. Bank (Syariah) Sebagai suatu institusi/lembaga dalam bentuk usaha/industri jasa (BUMN), begitu pun ke depan (wacana 2020) Bank-bank umum/negeri (BNI, BRI & Mandiri) yang mengelola Bank Syariah akan dimerger sebagai Bank Syariah Nasional tersendiri. Ruang dan peluang terjadinya tindak pada perbankan syariah memiliki ruang dan peluang yang sama dengan perbankan lainnya (konvensional). Namun yang membedakan bila diduga terjadi tindak pidana di dalamnya, haruslah melibatkan lembaga-lembaga yang terbentuk dari ketentuan dalam hukum/perundang-undangan perbankan syariah (DSN, DPS) disertai institusi Kepolisian dan lembaga OJK, namun dalam kerja penyidikan aparat Polri atau OJK terlebih dahulu meminta petunjuk DSN dan DPS.Kata Kunci : Perbankan Konvensional, Perbankan Syariah, Tindak Pidana.

Abstract This paper seeks to provide a more nuanced view of the creative industry that goes beyond assertions of its contribution to economic growth, which, it is then further argued, requires stringent copyright protection to ensure development. It argues that a critical first step is to optimize an existing copyright framework by addressing its inherent entrepreneurial challenges to better enable authors to garner economic returns. These challenges are identified before the paper delineates the creative industries in South Africa and related policies. It then turns to the ongoing copyright policy formulation process before setting out current and proposed copyright legislative provisions. The paper contends that essential aspects regarding both the creative and commercial aspects must be tackled first. At the creative stage, authors’ inability to use a large range of source works because of the fear of copyright infringement claims can be addressed by elaborating exceptions and limitations. On the commercial front, entrepreneurial capacity building for authors and curbing unfair author, publisher and intermediary contracts is vital. The use of statutory devices such as the reversionary interest, to recover lost or diminished opportunities to obtain direct financial gain from copyright work, could also be considered. Enhancing the viability of collecting societies and ensuring that royalties are paid to authors would also be a critical intervention.

In this paper, the effects of the recent global financial crisis on efficiency and profitability of financial institutions were analyzed. In a comparative study, the impacts of the global financial crisis on the performance of Islamic and commercial banks were examined. The fundamental difference between Islamic and conventional banking is that Islamic banking is founded upon the ethical principles of Islamic tradition and law (Sharia). By utilizing a sample of eight Islamic banks and eleven commercial banks, the impact of the global financial crisis on efficiency and profitability of the banking sector was evaluated. This study covered the period from 2006 to 2013. The results of this research were obtained from the Altman Z-score model, ratio analysis, the data envelopment analysis (DEA) method, and the seemingly unrelated regression (SUR) model. The results show that during the study period, Islamic banks (IBs) managed to maintain their efficiency while most commercial banks (CBs) suffered a loss in their efficiency. Furthermore, this study found that the financial crisis did not have a significant impact on the profitability of Islamic banks.

The current discussion about a “risk culture” in financial services was triggered by the recent series of financial crises. The last decade saw a long list of hubris, misconduct and criminal activities by human beings on a single or even a collective basis in banks, in the industry or in the whole economy. As a counter-reaction, financial authorities called for a guidance by a “new” risk culture in financial institutions based on a set of abstract, formal, and normative governance processes. While traditional risk research in economics and in banking was focused on the statistical aspects of risk as the probability of loss multiplied by the amount of loss, culture is a paraphrase for the behavior in collectives and dynamics of organization found in human societies. Therefore, a “risk culture” should link the normative concepts of risk with the positive “real-world” decision-making in financial services. This paper will describe a novel view on “risk culture” from the perspective of human beings interacting in dynamical and intertemporal commercial relations. In this context “risk” is perceived by economic agents ex−ante as the consequence of the time lag between the present and the uncertain future development (compared to a probability distribution calculated by observers ex−post). For all those individual decisions—to be made under uncertainty—future “risk” includes the so-called “normal accidents”, i.e., failures that will happen at some uncertain point in time but are inevitable, and the only questions are when failure will happen and how to maintain function in the first line of defense. Finally, the shift from an abstract definition of “risk” as a probability distribution to a role model of “honorable merchants” as a benchmark for significant individual decision-making with individual responsibilities for the uncertain future outcome provides a new framework to discuss the responsibilities in the financial industry.

The article identifies basic models of Islamic finance industry and provides a critical assessment (compared to conventional finance) оf mechanism of their functioning. Despite having obvious positive aspects, such as limitation of speculative or risky securitization, focusing on financing the real sector of economy and encouraging the direct interrelationship between financial and productive sectors, in our view, the mechanism of Islamic economics in some ways is at variance with a number of fundamental principles of effective economic activity. Objective factors (demographic, political, economic) cause an increase of role and influence of the industry over regional financial markets and international finance and determine the relevance of further research in this area. Today, Islamic finance comprises such commercial areas as capital markets, asset management and insurance. They represent all segments of modern financial market – commercial banking, operations with equity and venture capital, trade financing, insurance and even financial hedging. Only a small share of Muslims’ financial relations is provided in accordance with Islamic law. Under conditions of introducing the convenient, liquid and standardized financial instruments and further improvement of regulation for financial markets, redistribution of resources in favor of Islamic financial markets, as well as rapid growth of their share in international finance are expected.

The article identifies basic models of Islamic finance industry and provides a critical assessment (compared to conventional finance) оf mechanism of their functioning. Despite having obvious positive aspects, such as limitation of speculative or risky securitization, focusing on financing the real sector of economy and encouraging the direct interrelationship between financial and productive sectors, in our view, the mechanism of Islamic economics in some ways is at variance with a number of fundamental principles of effective economic activity. Objective factors (demographic, political, economic) cause an increase of role and influence of the industry over regional financial markets and international finance and determine the relevance of further research in this area. Today, Islamic finance comprises such commercial areas as capital markets, asset management and insurance. They represent all segments of modern financial market – commercial banking, operations with equity and venture capital, trade financing, insurance and even financial hedging. Only a small share of Muslims’ financial relations is provided in accordance with Islamic law. Under conditions of introducing the convenient, liquid and standardized financial instruments and further improvement of regulation for financial markets, redistribution of resources in favor of Islamic financial markets, as well as rapid growth of their share in international finance are expected.

Abstract Islamic financial law (IFL), an emerging global legal order, is a highly fragmented law comprised of both state and non-state generated laws, standards, commercial practices, institutions, fatwās and legal ideas. A recent event involving ṣukūk issuance in which Dana Gas claimed that its ṣukūk were no longer Sharīʿah-compliant highlights the legal disjuncture between global IFL and the laws of municipal legal systems, which have chosen to facilitate and regulate Islamic finance. Systemic legal issues or ‘legal gaps’ undermine investor confidence and impede sustainable development of the Islamic finance industry. Legal gaps include but are not limited to undeveloped securities laws, enforceability issues and a lack of clarity with respect to the role and effect of the Sharīʿah in the municipal legal systems of many MENA (Middle East/North Africa) states. This paper analyses these gaps and in so doing illustrates the relationship of IFL to the law of the United Arab Emirates.

Purpose In the shadow of global financial crisis, practice of earnings management can be hazardous for the growth and development of an economy, especially for a developing economy like India. This empirical study is performed to analyse the presence of earnings management practices in Indian public and private commercial banking industry. This study also aims at developing a framework for the three-way relationship existing between the variables of corporate governance, earnings management practices and firm performance. Design/methodology/approach Data have been collected for a period of 11 financial years (2003-2013) from Prowess (Centre for Monitoring Indian Economy) 4.14 database. A bank-based accrual model has been used for calculating earnings management practices. OLS regression has been used for analysing degree of interdependence among variables of corporate governance, earnings management practices and financial performance. Findings The analysis supports the fact that there is the existence of income increasing earnings management practices in Indian commercial banks. It is also observed that corporate government practices (viz. board characteristics, audit practices and performance-based remuneration) basically work as restricting variables for earnings management practices. It is evident from the analysis that market-based firm performance variables (viz. PE ratio, yield and profit after tax) are significantly related to earnings management and corporate governance system. Practical implications The finding of this study will help in monitoring and controlling fraudulent earnings management practices existing in Indian commercial banks. Originality/value This study is the initial research about the presence of earnings management practices in Indian commercial banks.

This article was focused on establishing whether Business Intelligence (BI) systems provide sustainability to commercial banks by influencing their financial condition. As part of the search for a solution to the research problem, a hypothesis was formulated which assumes that the use of the Business Intelligence management system improves the financial condition of commercial banks. To assess this impact, a novel comparative method was used, which assumed comparing financial condition indicators in three aspects: before and after the implementation of the Business Intelligence system (comparison over time), with average indicators of a group of banks (comparison to the industry), with reference to changes in the overall economic situation. As a result of the method used, a synthetic indicator of the impact of using Business Intelligence (ABI) was calculated. This study was conducted in relation to six out of the thirteen largest commercial banks listed on the Warsaw Stock Exchange in 2020, which have implemented the Business Intelligence system since 2001. The assets of the examined banks cover 60% of the assets of commercial banks in Poland. As a result of the study, a positive impact of using the BI system on selected areas of the financial condition of commercial banks was identified. In particular, this impact relates to areas of productivity, the quality of assets and liabilities, profitability and debt. The generalized results of this study allow for the determination of cause and effect relationships between the use of the BI system in commercial banks and the improvement of the financial condition indicators as well as sustainability banking.

Since the international financial crisis in 2008, to achieve the political goal of financial stability, academic circles, financial industry, and regulatory authorities worldwide have deeply reflected on the current economic regulatory theories and policy adjustment tools through introducing the macroprudential policy. The dynamic provisioning system is a counter-cyclical policy tool in the macro-prudential adjustment framework widely used in the world. This paper uses the binary Gaussian Copula function to combine the measurement method of the default distance in the contingent claims analysis method with the risk warning idea based on the Probit model and proposes the contingent claims analysis (CCA)–Probit–Copula dynamic provisioning model based on nine forward-looking indicators. Based on China’s actual conditions, this model solves present problems faced by the current dynamic provisioning system in China, such as insufficient historical credit data reserves of commercial banks, excessive reliance on subjective judgments, and conflicts with the current accounting system. Moreover, this model can put forward corresponding counter-cyclical provisioning requirements according to the influence degree of macro-cyclical factors to different commercial banks’ own default risk, which not only takes into account the security and liquidity of commercial banks, but also ensures their profitability and competitiveness. Based on the empirical test of historical data from listed commercial banks in China, it proves that the dynamic provisioning requirements proposed in this model can effectively adjust the overall credit scale of the banking industry in counter-cyclical ways, thereby achieving the policy goals of counter-cyclical adjustment under the macro-prudential framework and maintaining the security of China’s financial system and the sustainable development of the macroeconomy.

Mergers and Acquisitions have become the most widely used business strategy of restructuring and strong financial institution to achieve competitiveness, to ensure long term existence with suitable profitability, to forge entering in new markets, and to ascertain the capital base etc. Specially, the merger law policy-2068 and monetary policy 2072 issued by Nepal Rastra Bank, the regulatory body of banks in Nepal, have been experienced as the most effective weapons for merger and acquisition in Nepalese Banking industry. This study makes an attempt to the latest Monetary Policy lays down measures meant to encourage banks to merge. By Shrawan 2076, commercial banks are required to maintain an average interest rate spread (the difference between rates on loans and deposits) of 4.4 percent from the current 4.5 percent; banks that complete mergers and acquisitions by that time will get a one-year extension. Also, by Shrawan 2076, commercial banks are required to float at least 25 percent of their paid-up capital in debentures; banks that decide to tie the knot by that deadline will get a one-year reprieve. A merged bank also does not have to seek Nepal Rastra Bank's approval to open new branches. Currently, the board of directors, CEOs and deputy CEOs are required to abide by a cooling-off period of six months during which they cannot join another bank. This restriction will not apply to executives of a merged bank. The argument for mergers and acquisitions go something like this. There are just too many banks and financial institutions in Nepal. As of Ashad 2076, there were 28 commercial banks (Class A), 32 development banks (Class B), 24 finance companies (Class C) and 91 micro-credit companies (Class D). Conceivably, larger banks should be able to fund large infrastructure projects individually. The existence of larger Nepali banks could also make it easier for them to branch into India. Bigger Nepali banks will be able to compete with foreign banks better on Nepali soil.

On the basis of the original camel rating system, this study added the green indicator and formed the G-CAMELS evaluation system (An improved rating system based on the CAMELS rating system to evaluate the business operation of financial institutions more comprehensively.) to comprehensively evaluate the competitiveness of commercial banks. It followed China’s current requirements for the sustainable development of commercial banks. In this paper, factor analysis, entropy methods, and dynamic evaluation models are used to obtain the ranking of competitiveness. In addition, according to the same steps as above, the comprehensive ranking based on the CAMELS evaluation system (A comprehensive rating system which is standardized, institutionalized and indexed for business operations of commercial banks and other financial institutions.) was obtained. The two ranking systems were compared. It is found that with the entropy weight method, in the G-CAMELS system, the weight of the green index is quite large, so it magnifies the impact of the financial industry on the environment. Compared with the original CAMELS system, the newly formed system will increase the ranking of state-owned banks and there is no significant change in the ranking of joint-stock banks. In order to improve the competitiveness of banks, state-owned banks should innovate their banking business and continue to implement the green credit policy; joint-stock banks should continue to seize the opportunity of green credit and expand profitability while paying attention to safety. In addition, the government could consider relaxing green credit standards for city commercial banks to ease pressure on banks.

The backbone of any economy relies on the performance of its banking industry. Besides financial capital, human resources (HR) capital plays a significant role in the sustainability of this industry. For the existence and effectiveness, the financial sector makes extensive use of human capital (Kamath, 2007). Like financial reports, human capital reporting indicates the health of any organisation. The stakeholders, around the globe, recently started showing keen interest in monitoring the effectiveness of HR. The Kingdom of Saudi Arabia (KSA), holding 27% of the GCC total banking assets (FitzHerbert, 2020), is no exception to disclosing HRrelated information in the annual reports of its banks. The banking regulatory system of KSA is almost at par with the international standards laid down concerning banking supervision. KSA's banking industry is unique as it is considered to be the leader of the Islamic world where all banks must adhere to the Sharia banking law (Kamali, 2000). The regulatory authority of the KSA banking industry, the Saudi Arabian Monetary Agency (SAMA), annually reported its HR information related to training and development, employee fairness, incentives, diversity and inclusion of female employees and people with determination. By setting an example, SAMA encourages commercial banks to follow good practices to disclose HR information in their annual reports. Though not enforced by the regulatory authority, the KSA banks recently started to disclose HR information in their annual reports. Keywords: Human resources, disclosure, HR information, Saudi Banks

In the financial system and economy, the banking industry plays a crucial role. Default risk takes central stage in preserving financial stability and needs to be mitigated as it can trigger a crisis. The study examines the combined effects of monetary policy and bank competition on banking defaults. Using a sample of 95 commercial banks in Indonesia between 2009 and 2019, this study employs the Generalized Method of Moments, a two-step dynamic panel-data estimation system, to analyze it. Empirical estimation results show that monetary policy, through an increase in the benchmark interest rate, negatively affects probability of default. The extent of banking stability is also enhanced by monetary policy. Banking competition has a negative and significant effect on probability of default and has a positive effect on the banking distance to default. Furthermore, the combined impact of monetary policy and banking competition positively affects probability of default but has a negative impact on the distance of default. Building on this study, to promote a stable and more efficient banking system, policymakers should develop policies that foster complementary monetary and competition policies.

<p><strong>Abstract</strong></p><p>The term of takaful originates from Arabic verb ”kafalah” which means ”to help one another” or ”mutual guarantee”. Now takaful can be defined as an Islamic insurance concept which is grounded in Islamic muamalat, and regulations of Islamic law. This concept has been practiced in various forms. Theoretically, Takaful is perceived as cooperative or mutual insurance, where members contribute a certain sum of money to a common pool. Takaful is invited since commercial/conventional insurance is prohibited in Islamic law. Commercial/conventional insurance is strictly disallowed for Moslem because it contains the elements of gharar (uncertainty), maysir (gambling), and riba (usury).<br />Islamic Insurance or Sharia Insurance is based on mutual cooperation, responsibility, assurance, protection and assistance between groups of participants. Sharia Insurance gives members the opportunity to benefit in two ways ; from the financial security of a risk sharing arrangement, and from the spiritual benefit. Indonesia Islamic Insurance Association (AASI) said the growth of Takaful industry in 2013 reached 30-40 per cent. This year is expected better than before because Indonesia has prospect for the insurance industry to grow.</p><p><strong>Keywords:</strong> <em>Islamic Law, Risk Sharing, Mutual Cooperation</em></p>

The mining and minerals beneficiation industries produce large volumes of waste, the land disposal of which can lead to harmful environmental emissions and a loss of valuable resources. Globally, researchers are developing technologies for recovering valuable minerals and converting mine waste into a resource with market value. However, university-developed technological innovations to long-term environmental problems can be difficult to transfer to the mining industry. This paper focuses on the barriers and enablers to technology transfer in the South African mining industry using the valorization of coal processing waste as a case study. Data and information derived from interviews with relevant experts and published literature were used to gain a better understanding of the landscape of waste valorization technology implementation. Results indicated that financial considerations and demonstration of technical feasibility will be vital in determining the success of technology transfer, as will a changing perception of waste and its value within the sector. Original equipment manufacturers (OEMs) and boutique waste processors were identified as potential commercial partners for further development and commercial implementation of university-developed waste valorization technologies within the mining sector.

Introduction to The Problem: The era of innovation in information technology has emerged to ease daily commercial transactions. The innovation in financial technology has created numerous new business model to cater the customers’ need. This development needs a regulation and supervision to avoid chaos in the financial system. Particularly in Indonesia and Malaysia, which both countries were recorded by CCAF to be among the top countries in the ASEAN region by the number of fintech firms.Purpose/Objective Study: This study is aimed to analyze the financial technology regulation and supervision in Indonesia and Malaysia.Design/Methodology/Approach: The comparative study is conducted to compare the regulatory environment related to Digital payment, Equity Crowdfunding, P2P lending, Crypto Asset, Consumer protection, cybersecurity law and Islamic fintech in both countriesFindings: The study found that compared to Malaysia, Indonesia has lack of jurisdiction that protecting the customer from the cyber-attack which highly threatening the fintech industry. Both countries also treat ICO differently. Malaysia treats it under RMO guidelines, while Indonesia banned it as the method of payment but still allows the trading of ICO as a commodity under Commodity Futures Regulatory Agency.

Countercyclical fiscal regulation can mitigate economic risk, but this is bound to increase the scale of local government debt during an economic downturn, and then spread risk to the banking sector, forming potential financial instability factors. We extracted the three most important variables in this process: economic fluctuation, local debt risk and bank risk-taking to build an econometric model and found that: (1) both economic fluctuations and local government bond risks have a significant impact on bank risk-taking, which is negatively correlated with local economic growth, while the increase of local government bond risks tends to increase bank risk-taking in the long run; (2) the impact of local government debt risk significantly increases the loans of city commercial banks flowing into the construction industry. Therefore, the impact of local government bond risk on city commercial banks is concentrated in the impact on their construction loans. This study has an important reference value for timely and moderate countercyclical regulation, preventing local debt risk from spreading to banks, constructing a sustainable local government−bank ecology, and promoting sustainable economic development.

The commercial sexual exploitation of children (CSEC) is considered normative and expected among some Indian castes. Focusing on the Bedia specifically, we sought to identify factors responsible for the intergenerational continuation of CSEC as well as opportunities for prevention. To this end, three questions were posed, including: (a) What structural factors perpetuate CSEC among the Bedia? (b) What are the mechanisms by which Bedia children enter the commercial sex industry (CSI)? and (c) To what extent do Bedia women have personal agency in exiting the CSI and in keeping their children from entering? Guided by structural vulnerability theory and a phenomenological approach, in-depth interviews were conducted with 31 Bedia women engaged in (or exited from) the CSI. Results indicate that girls as young as 12 are “selected” to enter the CSI; once involved, they carry the burden of familial financial sustainability and exit only comes when they are no longer able to attract paying clients and younger female kin able to assume the primary breadwinner role. Ability to keep female children from entry is minimal. Implications for future research, practice, and policy are discussed.

The aim of our research is to consider the potential for women’s empowerment through tourism and women’s equality inherent in the green economy. In addition, our research should shed more light on the women’s dimensions of green growth, especially in the context of development of entrepreneurship in tourism. In line with this, our approach in the study combines a women’s perspective with green growth and entrepreneurship development in the tourism sector in Serbia. The research was carried out in the most important tourist centers in the country, such as Novi Sad, Nis, Zlatibor, Vrnjačka Banja, and Sokobanja. This study showed that insufficient attention has been dedicated to this industry from the perspective of its benefits for women. In addition, the research indicated that, in the field of tourism, women mostly prefer special programs of education that are adjusted to the job requirements that they have already been performing or to a similar job that they are just about to start. It is necessary to involve them more often in various projects that encourage their further empowerment. The research also discovered gaps in the supply of finance between the needs of green entrepreneurs in tourism and what the financial system is willing to provide to them. Firstly, there is a lack of appropriate lending products offered by the commercial banking sector. In particular, a combination of financial support and suitable financial tools to encourage women’s initiatives for start-ups in tourism is missing.

Utilising geopolymer as a construction material has gained institutional and commercial interest over the past decade, due to its favourable emissions profile as an alternative to carbon-intensive Ordinary Portland Cement-based concrete, which currently accounts for around 7% of global carbon emissions. While significant research has been performed into the material properties of geopolymer, the commercialisation of the technology is still in its infancy, and several key barriers require rectification to facilitate more widespread adoption. This article analyses the current state of geopolymer commercialisation, paying particular attention to its commercial application in Australia, and it suggests key research areas, in particular relating to the utilisation of abundant and cheap low-quality fly ash sources such as brown coal-based fly ash, to promote its adoption and build on the momentum gained from the small scale in situ pours of geopolymer concrete. Our analysis indicated that in addition to the barriers relating to material properties, economic, social, and regulatory issues also require further inquiry. Our review also indicated that it is critical to update and improve economic analysis of geopolymer utilisation to forecast future costs of both geopolymer and concrete mixes, which are especially critical in determining any potential financial incentives for the construction industry. Moreover, it is essential to study the social attitudes affecting future geopolymer consumption and to update the regulatory standards governing geopolymer utilisation in Australia, such as the initial steps undertaken by the Low Carbon Living Cooperative Research Centre. Based on this review, it is suggested that solving these key issues would help proliferate geopolymer technology and further aid efforts to create a more environmentally sustainable construction industry.

The need to satisfy the increasing demand for building materials and the challenge of reusing plastic to help improve the critical environmental crisis has led to the recycling of plastic waste, which is further exploited and transformed into new and creative materials for the construction industry. This study looked into the use of low-density recycled polyethylene (LDPE) to produce non-conventional plastic sand cobbles. LDPE waste was melted in order to obtain enough fluid consistency which was then mixed with sand in a 25/75 plastic-sand ratio respectively, such a mixture helped producing cobbles of 10 cm × 20 cm × 4 cm. Water absorption, weight, and density measurements were performed on both commercial and non-conventional plastic sand cobbles. Moreover, compression, bending, and wear resistance were also conducted as part of their mechanical characterization. Plastic sand cobbles showed lower water absorption and density values than commercial cobbles. The mechanical properties evaluated showed that plastic sand cobbles have a higher modulus of rupture and wear resistance than commercial cobbles. In addition, plastic sand cobbles meet the Colombian Technical Standard in lightweight traffic for pedestrians and vehicle, officially known as Norma Técnica Colombiana (NTC), with 25.5 MPa, 16.3 MPa, and 12 mm compression resistance, modulus of rupture and footprint length in wear resistance respectively. Finally, a market study was conducted to establish a factory to produce this type of cobbles in Ibague, Colombia. Not only the study showed positive financial indicators, which means that it is feasible running a factory to manufacture plastic sand cobbles in the city of Ibague, but it also concluded that nonconventional plastic sand cobbles could be explored to provide a comprehensive alternative to LDPE waste.

Purpose – The study aims to assess credit risk management practices within financial institutions in Ghana. Specifically, the study compares credit risk management practices of listed banks in Ghana with Basel II (1999). Design/methodology/approach – The analysis is based on data gathered from varied sources, namely, use of questionnaires, analysis of internal credit policies and procedure manuals and semi-structured interviews and discussions with credit risk managers of the selected banks in May 2007 and October 2014. Findings – Overall, the credit risk management practices within listed banks in Ghana are in line with sound practices. The only dissimilarity, however, is the role of the board of directors in defining acceptable types of loans and maximum maturities for the various types of loans. The listed banks in Ghana are also exposed to credit risks associated with granting both corporate and small business commercial loans and the use of collaterals to mitigate their credit risk exposures. Practical implications – Banks in Ghana should consider developing the skills of all their personnel and appropriately motivating those involved in the credit risk management processes to ensure that they carry out this process efficiently. Originality/value – Research into credit risk management in the banking industry from the Ghanaian perspective remains scant. This study is, therefore, timely, and its findings are invaluable for the efficient management of credit risk in the banking industry. This study provides policy recommendations which will enhance shareholder value and, in this way, contribute to greater stability in the banking sector in developing countries, in particular.

The digitalisation of banks is seen as the omnipresent challenge which the banking industry is currently facing. In this digital change process, banks are facing disruptive innovation that requires adaptation of almost all cooperative processes. Digital transformation in the financial industry is associated with obstacles that seem to hinder smooth implementation of digital approaches. This issue has not been adequately addressed in the current academic literature. The main purpose of this qualitative exploratory study is to identify the main perceived obstacles to digital transformation in both the private and commercial banking sectors from a managerial point of view and to analyse them accordingly. The methodology is based on a methodological approach using a combination of contextual interviews with German board members of banks, inductive content analysis, and the exploration of best-practice approaches. The findings revealed that elements of strategy and management, technology and regulation, customers, and employees receive a high level of attention within the digital transformation. The other main barriers can be found in the areas of market knowledge and products, employee and customer participation, and public benefit. Each main barrier is characterised by several sub-barriers of varying importance for the digital transformation of banks and is described in detail.

The bill of lading has, for centuries, been an integral component in the maritime shipping industry. However, the stagnation in the development of this legal instrument is contrasted with the exponential rate of development in other areas of commercial practice, which highlights the financial costs and delays associated with the use of bills of lading. The purpose of this paper is to present a modern alternative to the current paper-based bill of lading system that accounts for the practical and legal requirements of the incumbent instrument and also overcomes the deficiencies inherent in paper-based bills of lading. In the context of the regulatory uncertainty of bills of lading based on distributed ledger technology, this paper discusses approaches to regulating this new technology so as to achieve the same legal effects that the traditional, paper-based bill of lading provides. This paper presents two methods for regulating distributed ledger technology when applied to maritime shipping: the first is based on the principle of functional equivalence, which can be employed in domestic legislation, and the second is based on the Model Law on Electronic Transferable Records. I conclude that, while both approaches represent steps in the right direction, the latter would imbue this technology with sufficient legal certainty so as to spark a marine cargo carriage revolution and facilitate a productive disruption of the current industry practice.

The charcoal industry, specifically charcoal production, is tremendously valuable to Kenya for its contribution to economic, social and environmental nexus. Considering the degradation of ecosystems and charcoal production’s critical role, the government established the Forest (charcoal) rules of 2009, assigning commercial charcoal production under Charcoal Producer Associations (CPAs). Identifying numerous bans in the recent past, this paper sets out to understand CPAs’ potentials and challenges in attaining sustainability within the sector. Using focus group discussions with CPA members from Tana River and Kitui counties, the paper outlines analysed data within the functionality, governance and policy implications parameters of operation. The findings show high economic value for the members and an in-depth environmental significance to the communities within which these CPAs exist. Thus, we propose a schematic to enhance charcoal production processes to achieve sustainable ecosystems and livelihoods. There is high potential within the CPAs for the sector’s sustainability through monitoring platforms, restoration plans, adopting sustainable practices, knowledge dissemination and societal advancement. To advance this untapped potential of these associations, we recommend building their technical, business and governance skills, exploring various restoration schemes, financial and regulatory support in implementation, and policy support.

Purpose One of the binding commitments under the Trans-Pacific Partnership Agreement is the extension of the copyright term to 70 years after the death of the author. This paper reports the preliminary findings of a research on the potential impact of the extension of copyright term on the music industry in Malaysia. As Malaysia is a user and net importer of intellectual property, it is feared that extending the copyright term will likely impede incentives for the creation of new contents, increase the cost of licensing/royalties, diminish the choice and creativity of film and music industry and increase royalty payments abroad. The purpose of this study is to determine whether the commercial lifespan of copyright works is long enough. Design/methodology/approach Using a qualitative research method, in-depth interviews were carried out with key industry players between June and September 2015 to collect relevant information from the industry. The information obtained was analysed to gauge the market standing of the local music industry and how the proposed extension would bolster their financial and market power. The paper does not intend to explore the legal implications from the retrospective extension of copyright term and data on illegal use and piracy. The findings of the research will be purely drawn from the non-structured interviews and information gathered from respondents. Findings The paper concludes that there is not enough evidence to support the notion that the copyright extension will be economically advantageous to the local music industry. Research limitations/implications The feedback from the interviews, although cannot be generalised to be considered as representing the whole music industry in Malaysia, can nevertheless be taken as preliminary conclusions and an eye-opener to the quest for concrete support in the debate for the extension of the copyright term in Malaysia. The paper also does no explore the legal implications from the retrospective extension of copyright and data on illegal use and piracy. Practical implications In conclusion, more studies need to be conducted to understand the dynamics and needs of the music market in Malaysia for the extension of the copyright term to be really beneficial to them. As this study is only conducted using a qualitative research method, using open-ended and in-depth interview techniques on a small group of respondents, there may be a need to embark on empirical research with proper execution of survey instruments to a larger group of respondents. Social implications The music industry is chosen as the case study because it may develop into a potential export interest. The music industry as a small component of the larger “creative industry” has been identified as one of the new economic drivers under the Tenth Malaysia Plan. Originality/value The paper was first presented at the ATRIP Congress 2015 at Cape Town on 27th September 2015. The paper has not been published. No studies have been done on the possible implications of copyright extension term on the music industry in Malaysia before.

Corporate governance has at its backbone a set of transparent relationships between an institution’s management, its board, shareholders and other stakeholders. In this article, in the first part, the nature and purpose of corporate governance has been discussed with special emphasis on the problems of banks in the field of corporate governance. Corporate governance involves regulatory and market mechanisms, and the roles and relationships between a company’s management, its board, its shareholders and other stakeholders, and the goals for which the corporation is governed. Lately, corporate governance has been comprehensively defined as "a system of law and sound approaches by which corporations are directed and controlled focusing on the internal and external corporate structures with the intention of monitoring the actions of management and directors and thereby mitigating agency risks which may stem from the misdeeds of corporate officers. The financial crisis exposed flaws throughout financial markets and prompted much investigation into the way banks work. The ‘2008 crisis in the financial industry, among other causes, brought to light the conflict of interest between achieving aggressive results by the executives in order to obtain bonuses and the long-term risk associated with the commercial company in its business. This paper focuses on one line of investigation - the corporate governance of banks. It examines why governance of banks differs from governance of nonfinancial firms and where the governance of banks failed during the crisis; it also offers recommendations for improving the governance system. Bank governance has been the topic of much recent academic work and policy discussion (Senior Supervisors Group 2008, 2009; Walker Report 2009; Committee of European Banking Supervisors 2010). Because of their contemporaneous nature, there has been little connection between the academic approach and policy analysis. The purpose of this paper is to make such connections and ground the policy debate on scientific evidence. The Corporate Governance in banks is one of the most important discussions overall the world, being reinforced especially after the crises period. It is related with the sensitive situation and the stage of developments of the local economy and moreover with the impact of the crises that is still ongoing. As an answer, during late 2008 and beginning 2009, it has been noticed a fast reaction and total focus from all banks on building (if missing) and improving their structures of Corporate Governance. The liquidity problems suddenly affecting the banking sector constrained Banks to enlarge their activities / operations and forced them in better evaluating their investments. The importance of a strong financial sector in impacting the country’s economy growth through both level of banking development and stock market liquidity (Levine and Sara Zervos 1996, 1998) is quite evident even in the developing countries. Moreover, Peter Rousseau and Watchel (2000) findings’ confirm the positive impact of the stock market activity and the banking development. For this reason the governments in the developing countries are insisting in increasing credits of banks towards the private firms. The banking system in Bulgaria, Romania, Serbia and Albania has certain similarities in terms of development stage, related with the economic growth rate as well. The banking system, there is operating for more than 100 years instead of 15-20 years of development in the remaining countries.

Capital market investors in Malaysia have the choice of whether to invest in conventional funds or in Shari’ah compliant funds. However, Islamic law (Shari’ah) is concerned with the moral or ethical value of commercial transactions. Basically, the Muslims are governed by the rules and regulations in respect of halal (permissible) and haram (prohibited). Hence, the objective of the study has been explored the Shari’ah compliant funds products which based on the Maqasid Shari’ah framework due to the five preservations or protections (Protection of Religion, Protection of Life, Protection of Intellect, Protection of Progeny and Protection of wealth). Most of the products offered and developed in Shari’ah compliant public equity funds should be in line with the Maqasid Shari’ah perspective as sustainable of financial planning which bring to the social well-being and impartiality for the public interest (maslahah) by taking into consideration of five preservation, namely the preservation of religion (al-ddin), the preservation of life (al-nafs), the preservation of intellect (al-all), the preservation of progeny (al-nasl) and the preservation of wealth (al-mal). Therefore, it is important not only in developing Islamic equity funds as a part of industry growing but then beyond that to fulfill the needs of Muslims as well for all the others as well as enhancing halal sustainability through Islamic equity funds product development.

Impact investing pursues the dual goals of creating socio-economic value for the marginalized, and ensuring net positive financial returns. Impact investing firms achieve their goals through their investments in projects and enterprises which create both social and commercial values. The primary aim of this article is to contribute to our understanding of the process of impact investing, particularly with respect to issues related to aligning impact investing and investee social enterprise goals. The research method employs case-based research methodology. The data consist of six cases of impact investing and their investee social enterprises. In addition, the data involve interviews with experts from the field of impact investing. The findings are that: (1) Social mission plays an important moderating role in the inter-organizational relationship between the impact investor and the investee social enterprise, (2) and an emphasis on due diligence, sector specialization, and communication increases the likelihood of investment while (3) social impact measurement and reporting and frequent engagement increase the likelihood of post-investment alignment. The key contribution of this article is that impact investing (unlike venture capital) is influenced by the ability of its investee to create social value, which plays an important role in the inter-organizational relationship between investor and investee. Furthermore, similar to industry specialization in the for-profit investing, social sector specialization is equally relevant for alignment and returns.

The tremendous growth of Islamic banking has transformed a relatively new industry into a robust and widespread reality on the ground. Several Islamic financial institutions (IFIs) operate in different countries of the world and several Islamic modes of financing have been developed; however, most cater to the needs of commercial businesses, and personal finance. Few IFI products have been made available to support the agricultural sector. One rarely used product is Salam (a kind of sale in which farmers sell their product in advance, before the season’s harvest, to get funding for farming inputs as well as for their livelihood expenses), which, however, is of limited use due to a range of limitations. Hence, there remains a need for a product which is shari’a compliant and acceptable to IFIs as well as the end users, that is, the farmers. This paper proposes an Islamic model suitable for entrepreneurs, farmers and IFIs. A mixed-methods research methodology is applied: while the study is mainly qualitative, a quantitative approach was applied to the data obtained through questionnaires. The general finding of this paper is that there is a need to have a shari’a-compliant financing model to be based on a participatory basis, in place of the debt-based modes which are currently in extensive use by IFIs. Therefore, I selected the Muzara’ah (sharecropping) concept as the basis of a model to help the agricultural economy and the Islamic banking industry. The reason for choosing the participatory over the debt-based mode is that the latter cannot bring about any real change, as I shall demonstrate from the particular perspective of Pakistan. Research into the demography of the Pakistani agricultural sector, on the other hand, demonstrates that the Muzara’ah model can be used anywhere in the world. The paper also aims to understand the effects on this sector of the use of financing by both commercial and Islamic banks, the strengths and weaknesses of financial intermediation, and the challenges faced by Islamic banks as concerns financing the agricultural sector. This research paper is divided into four sections. The first introduces and debates the position of agriculture in Pakistan; the ways in which commercial banks extend loans to this sector, and the socio-economic effects of such loans; and the different existing financing models being used for this sector and their respective drawbacks. The section also presents a brief discussion of Islamic banking and its advantages; different Islamic modes of financing; and how Islamic banks are supporting the agricultural sector in Pakistan. Furthermore, it argues that there is a global need for an alternative Islamic model to finance the agricultural sector, and that this need is particularly pressing in Pakistan. The second section discusses the Muzara’ah model, through an extensive review of the extant Islamic literature, encompassing, but not limited to, the definition of Muzara’ah, the Islamic basis for the practice and Islamic juristic views, as well as how Muzara’ah worked in a previous age. Moreover, this section discusses the similarities and differences in opinion among Islamic jurists (experts in Islamic law) about the validity of Muzara’ah. The focus of this section is on finding a consensus as to the most common and viable mode of Muzara’ah which is acceptable to a majority of jurists.The third section surveys agriculture in Pakistan, as well as the opinions and perspectives of farmers, bankers and other stakeholders to inform the proper development of an Islamic Muzara’ah sharecropping model. Practical research was carried out in Kohat, one of the cities of Pakistan, which is famous for its guava, wheat and maize production. A description of the fieldwork is also presented in this section.The fourth section draws on all the above information to develop a model based on the concept of Muzara’ah which can be feasibly implemented in the Islamic banking industry. Moreover, it presents a discussion of the strengths and weaknesses of the model and provides suggestions and recommendations about how it should be rolled out. The needs of end users, such as farmers and growers, are addressed, and a discussion is presented of how the product better meets their needs than the other products which are currently available to them.

Oil and gas industry began in the Dutch colonial era. Based on Article 78 Government Regulation No. 35 Year 2004 on Upstream Oil and Gas, that all goods and equipment which directly used in the Upstream Oil and Gas Activity that purchased by Contractor becomes to State assets which is developed by the government and managed by SKK Migas. Enactment of Government Regulation No. 6 of 2006 about the management of State assets / Regional assets (BMN / BMD) as the implementation of the mandate of Law Number 17 Year 2003 on State Finance and Law No. 1 of 2004 on State Treasury is a new chapter for the management of state assets more orderly , accountable, and transparent. SKK Migas as an institution whose function is to supervise the implementation of the Production Sharing Contract (PSC) has purpose to provide maximum benefit for the country. On the other hand, state asset management by the Government aims to achieve accountability through the orderly administration and better management of State assets. The difference between that purpose, can lead to implementation gaps. This research was conducted with the aim of knowing the activity of administration of State assets originating from Contractor of Cooperation Contract which has the highest implementation gaps, find the source of the cause and finding the impact on the administration of State assets originating from Contractor of Cooperation Contract. Measurements implementation gaps using tools that called integrity scorecard. Integrity scores obtained by submitting some questionnaires to the respondents. The respondents in this study is the contractors which have commercial production. The research results illustrate the reporting activity has the highest implementation gap. It can also be seen from the BPK findings on Internal Control System in State assets administration originating from Contractor of Cooperation Contract on LKPP Year 2007 - 2013. Based on the descriptive analysis of the State assets which originating from Contractor of Cooperation Contract enforcement background and administration activity analysis, it can be concluded that the cause of the implementation gap is the political pressures, bureaucratic overlap, and resource constraints in the implementation of the regulation.Based on the inductive analysis of the weakness symptoms that occur in the administration of State assets originating from Contractor of Cooperation Contract, can be concluded that the data presented in the central goverment financial report (LKPP) potentially not comply with the qualitative characteristics standards such us relevant, reliable, comparable and understandable.Keywords: Implementation Gaps, Administration, State assets which originating from Contractor of Cooperation Contract.

Purpose This paper aims to examine the effect of product market competition on firms’ unethical behavior (FUB) in the Chinese insurance industry and to further explore the boundary conditions of the main effects. On the basis of China’s commercial foundation, the study constructs a conceptual framework of FUB by drawing from the perspective of horizontal competition. Design/methodology/approach Data were collected from 52 property insurance firms at the branch level observed over the six-year period, 2011-2016. Within this framework, market power and market concentration were used to describe product market competition at firm and industry levels, respectively. The moderating effect of market munificence was analyzed to reveal the theoretical boundaries of the main effect. By drawing upon cost–benefit analysis and social network theory, the study used negative binomial model and Poisson model to quantitatively examine the relationship. Findings The relationship between product market competition and FUB is curvilinear. Especially at the firm level, market power exhibits a U-shape relationship with FUB; at the industry level, market concentration exhibits a U-shape relationship with FUB. In addition, market munificence positively moderates the impact of firm’s market power on FUB, whereas, market munificence negatively moderates the impact of industrial market concentration on FUB. Research limitations/implications This paper explored a new type of unethical behavior that concerns consumers or the third party by emphasizing horizontal competitive contexts; it also provides a better understanding of the FUB–financial performance relationship from the perspective of competition. The moderating effects suggest that when the cause of FUB is different (market power vs market concentration), firms may make opposite ethical choice. However, the sample is from a single industry; it will be fruitful to further verify these findings in other industries such as the manufacturing sector. Moreover, the definition of FUB is confined to explicit forms such as participation or collusion but there is no way to measure the implicit forms of FUB. Practical implications First, the governance of FUB should not only focus on the firms themselves, but also take into account the industrial market structure. Second, proper use of governance measures for FUB can increase firms’ benefits from “compliance with the law”, enticing firms to decrease FUB. The third, firms with weak market positions, facing fierce competition, should not be involved in FUB for short-term benefit; indeed, a low-cost strategy can be adopted as the dominant competitive strategy. While, in cases of highly concentrated market structure, firms should strive to avoid involvement in FUB through collusion with other rivals. Social implications As it is a very common phenomenon that firms in competitive relationships may adopt FUB toward third parties or consumers, this trend has become a hot topic in the economic and social development in China. The study’s conclusions reveal that a more proactive and ambitious ethical decision is desirable for all kinds of firms; moreover, firms should make a rational choice between “short-term interest” and “long-term survival”. When firms identify the compliance of business ethics as an opportunity to differentiate themselves and perceive the benefits of decreasing FUB as outweighing the costs, the level of FUB will be inhibited, and social welfare will increase. Originality/value The primary contribution of this research resides in identifying product market competition as a previously unexplored predictor of FUB, thus revealing the dark side of product market competition. In addition, nonlinear relationships between product market competition and FUB indicate that situations of competition exert an important influence on FUB both at the firm and industry level. This paper’s conclusion provides a more meticulous theoretical explanation for FUB. This research demonstrates that the traditional ethical framework is not sufficient to explain FUB in a horizontal competitive context. Indeed, resource constraints and competitive pressures should also be considered.

Problem setting. This article deals with the problems of forming the legislative mechanism of creation and state support of the legal investment order, which should ensure the functioning of the investment market in the mode of observance of the principle of freedom of investment activity and at the same time real providing the national economy with investments in the necessary quantitative and qualitative parameters for the expanded reproduction of competitive socially-based production, without the use of excessive enforcement mechanisms labor, intellectual, financial and natural resources of the country and ensure the state of investment security. Analysis of scientific research. It is significant that public procurement has been the subject of scientific research by experts in commercial law: D.V. Zadikhaylo, V.K. Mamutov, O.P. Podserkovniy, V.A. Ustimenko, V.S. Shcherbinа, etc. The purpose of this scientific article is to identify the key problems of the formation of the legislative mechanism for the creation and state support of the legal investment order, which should ensure the functioning of the investment market and ensure the state of investment security. Article’s main body. The concept of national investment security, which is part of the national economic security of the country as a whole, is to systematically prevent the threat of a critical shortage of investment resources through the creation and state support of an appropriate legal investment order. The lack of a clear and systematic definition in the legislation of Ukraine of the legal mechanism of state regulation of economic relations, including investment, is a disadvantage, which frankly reduces the state’s ability to effectively influence economic processes and, consequently, its ability to fulfill its functional responsibilities in the sphere of economy. The investment component is a special subsystem of economic security that creates prerequisites for the best use of socio-economic relations in the development and scientific and technical restoration of productive forces of society through active investment activity. In studying the structure of the investment component we propose to take into account: inclusion of the investment component in the system of economic security of Ukraine; differentiation of the investment component by different levels of economy (country, region, industry, enterprise); the property of synergism, that is, the investment component of the economic security of the country is not a mere set of investment components of the economic security of regions and enterprises; formation of an investment component under the influence of many objective factors; the occurrence of various risks as a result of appropriate conditions. Conclusions and prospects for development. That’s why there is a need to develop and substantiate a system of initial concepts related to the economic and legal support of the implementation of the investment policy of the state: the investment market, the investment policy of the state, the legal investment policy of the state, the legislative investment policy of the state, the mechanism of formation of the legal investment policy, investment order and national investment security, etc.

In recent years the rise of Islamic banking has been one of the most important trends in the economic sphere, with an estimated 1.5 billion Muslims in the world, this arena has plenty of room for expansion. Conforming to Shariah (Islamic Law) puts a huge demand among Muslims looking for financial products and services that adhere to their beliefs. If it weren’t for the creation of such alter-natives to conventional banking and finance, Muslims would find it hard to participate in our globalized world without violating their religious principles. There are currently over 300 financial Institutions across the global sphere providing some type of Islamic financial product. According to some experts, the assets that are currently being managed under Shariah law, which range from investment to commercial banks and investment funds, are estimated to be no less than 300 billion. Other experts in the industry estimate the assets under mana-gement to be much larger. The FSA (Financial Services Authority), a regulator for financial services based out of London, estimates the total amount associated with Shariah banking to be as much as 500 billion. Even the U.S rating agency, S & P, estimates the sukuk (deed) market has reached over 75 billion and will likely be over 150 billion by the end of the decade. It used to be that Islamic fi-nancial products were more of a niche market but over time they are now considered mainstream, with many well-known interna-tional financial institutions battling to get a little piece of the pie.

This article briefly discusses the topic of digitization in the banking industry, consumer behavior when purchasing financial services and the importance of digitization for the delivery of customer services. In this research work the authors focused on the theories of consumer behavior, digitization as a financial innovation in order to answer the following problem: Does digitization satisfy the customers of financial institutions and would it replace one day the employees in their work and the services rendered? In order to collect and analyze the data, a questionnaire was sent to the clients of several Lebanese commercial banks, a quantitative methodology is used to process and analyze the responses through the IBM SPSS version 24 software. Finally, from the results, the researchers can conclude that customers are encouraged to use digitization especially in times of crisis or when there is no access to financial institutions, as is currently the case in lockdowns due to the pandemic such as Covid-19 but still prefer human contact in ordinary moments for greater interaction with the customer advisor.

The financial companies have hold an important position in the Georgian financial industry, and for this reason, their regulation is an essential issue, which should continue at least in the same manner. In the developed countries the non-bank sector plays an important role in the development of financial sector as well as the whole economy, which we cannot say about Georgia, due to the obvious dominance of commercial banks in the country. The aim of our study is to identify the role of microfinance organizations in the financial system of Georgia, and also to show the current state of this market segment. The article is based on the newest references and rich factual materials. The object of the research is microfinance organizations and the degree of their regulation by the state. The National Bank of Georgia has a full authority to supervise the work of commercial banks, non-bank deposit institutions, microfinance organizations and other organizations, envisaged by the law. The majority of the institutions with microfinance organization status, registered at the National Bank of Georgia, are consumer finance companies with their content. Their work is absolutely legitimate, however, the issuance of the loans are based not on the customer’s finance analysis, but the evaluation of a subject or property, presented for the loan insurance, and the funds are not directed to finance the business, but for the customer’s needs. The financial companies have hold important position in the Georgian financial industry, and for this reason, their regulation is an essential issue, which should continue at least in the same manner. It is problematic that currently many financial companies, pawnshops, internet-lenders or private individuals that are left beyond regulations. There is no guarantee the customers› rights will be protected when the work of the financial intermediaries is not regulated. Such circumstances create a threat to the spread of predatory lending practices in the market, the victim of which becomes the unaware customer. The results show that it is important to take more active steps on the part of supervisory organizations to develop the segment of microfinance organizations, so as not to reduce their role and importance in the financial system.

Several laws linked to Prostitution have been enforced in the Philippines and in countries where it is not permitted over the years, however, evidences show that it has unceasingly developed, in fact, has been coined already as the “oldest profession” and has already become a multi-billion-dollar Industry. As laws in the Philippines continuously fail to solve the problem, this study suggested legalization as a better option to minimize its negative implications, if it does not totally become a solution. Results show that legalizing sex work would cause more positive implications to the society than to criminalize it. Legalization has been determined to decrease incidents of physical and sexual violence against women and cases of Sexual Transmitted Deceases. Criminalization on the other hand has been found to lack of the ability to stop or even slow down the growth of the commercial sex Industry and proven to expose sex workers to physical and sexual assault and harassment not just from their clients but also from law enforcers. In the Philippines where sex work is illegal, financial need was identified as the primary reason why people choose to work as prostitutes, unfortunately, it was discovered that they are treated badly; there are times that they are not being paid, they experience being forced to do things they don’t want to do, and they are harassed by hotel employees and law enforcers. Furthermore, though the Hospitality Industry may not be in support of prostitution, it seems like it is as hotels are used as the primary venue for the service. The Philippine Government if will stick to having sex work as a crime should therefore look into Hotels and conceptualize ways to make sure that people who are checking In are not there for commercial sex.

The main concern of this article is the bilateral trade relationship between the United States and Canada, and specifically trade involving the energy industry. The main areas of the trade relationship are examined. First, the aims of the North American Free Trade Agreement are examined to show how it differs from, expands and improves upon the Free Trade Agreement. Second, four areas of commercial law are examined: The Uniform Commercial Code; U.S. federal legislation designed to control conflicting state laws; products liability dealing with the potential liability of Canadian manufacturers to American consumers; and the United Nations Convention on Contracts for the International Sale of Goods. Third, there is advice to Canadian manufacturers on ways to avoid becoming liable for American tax. Fourth, the harmonization of American and Canadian trade and financial statutes in the areas of countervailing duties, dumping, anti-trust and customs tariffs is discussed. This is followed by advice on the different taxation policies followed by the United States and Canada and the implications for bilateral trade. Provisions for the transfer of possession of products are discussed as are immigration questions raised by the entry of Canadians into the United States to sell their products. Finally, the regulation of interstate commerce in the United States is examined.

Rip, mix, share, and sue. Has ‘copy’ become a dirty word? The invitation to artists, activists, consumers and critics to engage in the debate surrounding the creative processes of ‘copy’ has been insightful, if not inciting sampling/reproduction/reflection itself: It clearly questions whether ‘copy’ deserves the negative connotations that it currently summonses. It has confronted the divide between the original and its replica, and questioned notions of authenticity and the essence of identity. It has found that ‘open source’ is an opportunity to capitalise on creativity, and that reuse is resplendently productive. Cultural expression and social exchange are seen to rest upon the acts of copying which are brought to our attention in this edition. As this issue illustrates, the word ‘copy’ has numerous interpretations, applications, and angles, yet an overriding wealth of debate currently outweighs all others; and that surrounds the tumultuous issue of ‘protecting’ copyright in the digital age. Since its conception in the 17th century, copyright law has faced an increasing challenge in achieving its original aims; namely, to strike a balance between creators’ and consumers’ rights in allowing concurrent attribution and access to works. Recent dramatic technological advancements affecting reproduction and distribution of copies, particularly pertaining to the Internet, have fundamentally changed and challenged the content environment. When copyright laws were first conceived, copying and distributing creative works was difficult. Now these activities are virtually free, and practically pervasive; in the digital age, the difficulty lies in their control. Yet because the primarily Western copyright regime relies on providing rights holders with the ability to control their works, copyright industries are working on strategies to garner greater control. Heading this list of strategies are technological content protection mechanisms, consumer education, and lawsuits against individual copyright infringers. Peer-to-peer (P2P) networks are being exploited and sabotaged simultaneously by entities within the Creative Industries, in an attempt to learn from and eliminate the free ‘competition’. Perceiving the mismatch of legal sanction and access to enabling technologies, critics revile the increasing restriction on consumers and creativity. The music industry, in particular, is experimenting with new business models to confine consumers’ rights to enjoy a growing bank of online music. Technical protection mechanisms, within the ambit of Digital Rights Management (DRM), are increasingly applied to enforce these licensing restrictions, providing ‘speed bumps’ for access to content (Digital Connections Council of the Committee for Economic Development 50). Given that these mechanisms can only temporarily allow a limited level of control over access to and usage of content, however, both IP and contract law are essential to the prevention and deterrence of infringement. While production and distribution corporations agitate about online ‘piracy’, an increasing population of consumers are unsympathetic, knowing that very little of the music industry revenue ends up in the pockets of artists, and knowing very little of the complex law surrounding copyright. Over the past few hundred years the content distribution business has become particularly wealthy, and it is primarily this link of the content chain from creator to consumer that is tending towards redundancy in the digital networked world: those who once resided in the middle of the content chain will no longer be required. When individuals and collectives create something they are proud of, they want the world to experience and talk about it, if not ‘rip, mix, mash, and share’ it. The need to create and communicate has always been part of human makeup. Infants learn rapidly during their first few years primarily by observing and emulating the behaviour of adults. But as children progress, and begin creating what they perceive to be their unique contribution, they naturally want to claim and display it as their own; hence the importance of attribution and moral rights to this debate. Clearly, society benefits in many ways from this drive to create, innovate, communicate, learn and share contributions. One need only cite Sir Isaac Newton, who is attributed as having said, ‘If I have seen further, it is by standing on the shoulders of giants.’ Academics and scientists worldwide have long collaborated by sharing and building on one another’s work, a fact acknowledged by the Science Commons initiative (http://www.sciencecommons.org/) to provide open access to academic research and development. Such has been inspired by the vision of Lawrence Lessig, as espoused in The Future of Ideas: The Fate of the Commons in a Connected World. Appropriation of bits and pieces (‘samples’) of another’s work, along with appropriate attribution, has always been acceptable until recently. This legal tension is explored by authors Frederick Wasser, in his article ‘When Did They Copyright the World Without Us Noticing?’, and Francis Raven, in ‘Copyright and Public Goods: An Argument for Thin Copyright Protection’. Wasser explores the recent agitation against the legislated copyright extension in the United States to 95 years from publication (or 120 years from creation, whichever is shorter) from an original 14, accompanied by the changing logic of copyright, which has further upset the balance between protection and fair use, between consumer and creator, and ultimately invests power in the intermediary. Raven argues for ‘thin’ copyright protection, having the intention to protect the incentive for producers to create while also defending the public’s right to a rich intellectual realm in the public domain. Current conflict surrounding music sampling illustrates that our evolution towards a regime of restrictive licensing of digital works, largely driven by copyright owners and content distributors, has made the use of bits and pieces of existing music difficult, if not impossible. In this issue’s feature article ‘Good Copy/Bad Copy’, Steve Collins examines the value of ‘copy’ where musical creativity and copyright law intersect. The recontextualisation and reshaping of music with regard to cover versions and sampling brings into relief the disparity in current legal and licensing provisions. When creativity is stifled by copyright, the original intention of the law is lost. Collins argues that creators are now subject to the control of an oppressive monopoly, which clearly should be addressed if innovative cultural expression is to thrive. The issue’s second article, ‘The Affect of Selection in Digital Sound Art’ by author and sound artist Owen Chapman, aka ‘Opositive’, explores the interplay and influence between the ‘raw and the remixed’, where subjective control over sound production is questioned. Transformation of sound hovers between an organic and intentional process, and creates affective influence: we are ultimately entreated to listen and learn, as sampling selection goes gestalt. Moving from the aural domain to the written, the significance of textual reuse and self-referentiality is introduced by Kirsten Seale in her academic exploration of reuse in the works of Iain Sinclair. Sinclair, in Dining on Stones (or, the Middle Ground), is seen to have subverted the postmodernist obscuration/denial of authorial control through the reintroduction of an assured self-sampling technique. Also in contemplating the written creative process, after significant exposure to the ever-more-evident proclivities of students to cut and paste from Websites, Dr. Gauti Sigthorsson asserts that plagiarism is merely symptomatic of the dominant sampling culture. Rather than looming as a crisis, Sigthorsson sees this increasing appropriation as a ‘teachable moment’, illustrating the delights of the open source process. Issues of identity and authenticity are explored in ‘Digital Doppelgängers’ by Lisa Bode, and ‘Slipping and Sliding: blind optimism, greed and the effect of fakes on our cultural understanding’ by art fraud and forensic expert Robyn Sloggett. In introducing the doppelgänger of Indo-European folklore and literature as the protagonist’s sinister double, Bode goes on to explore the digital manifestation: the image which challenges the integrity of the actor and his/her reflection, where original identity may be beyond the actor’s control. In copy’s final article ‘Slipping and Sliding’ by Sloggett, the determination of artistic authenticity is explored. Identity is seen to be predicated on authenticity: but does this necessarily hold? In reflecting on the notions of ‘copy’ explored in this issue, it is clear that civilisation has progressed by building on past successes and failures. A better, richer future can be possible if we continue to do exactly this. Instead, rights holders are striving to maintain control, using clumsy methods that effectively alter traditional user rights (or perceived rights) and practices. Imagine instead if all creative content were virtually free and easily accessible to all; where it would not longer be an infringement to make and share copies for non-commercial reasons. Is it possible to engineer an alternative incentive (to copyright) for creativity to flourish? This is, after all, the underlying goal behind copyright law. Copyright law provides a creator with a temporary monopoly over the sale and distribution of their work. Infringing copyright law is consequently depriving creators of this mechanism to make money, obtain notoriety and thus their very motivation to create. This goal to provide creative incentive is fundamentally important for society, intellectually and culturally, but alternative means to achieve it are worthy of exploration. A familiar alternative option to help generate creativity is to apply a special tax (levy) on all goods and services that enable viewing, listening, reading, publishing, copying, and downloading of digital content. The revenue pool this generates is then available for distribution amongst content creators, thereby creating a financial incentive. In over 40 countries, primarily European, partial variations of such a levy system are currently used to compensate copyright owners whilst allowing consumers a certain degree of free private copying. Professor William Fisher, Hale and Dorr Professor of Intellectual Property Law at Harvard University, and Director of the Berkman Centre for Internet and Society, proposes as much in his book outlining a government-administered compensation scheme, encompassing free online access to music and movies: Promises to Keep: Technology, Law and the Future of Entertainment. As we are left to contemplate copyrights and ‘copywrongs’ (Vaidhyanathan), we may reflect that the ‘promotion of the progress of science and the useful arts’, as per Harper v. Row (471 U.S.), rests with the (some say draconian) directions determined by legislation. Measures contained in instruments such as the Digital Millennium Copyright Act (DMCA), continue to diminish, if not desecrate, the public domain. Moreover, as the full impact of the Free Trade Agreement (FTA) with the United States looms for the Australian audience, in the adoption of the extension of the copyright term to the criminalisation of IP infringement, we realise that the establishment of economically viable and legal alternatives to the adopted regime is paramount. (Moore) We are also left to lament the recent decision in MGM vs. Grokster, where the US Supreme Court has ruled unanimously against the file-sharing service providers Grokster and Streamcast Networks (developers of Morpheus), serving as an illustration of ongoing uncertainty surrounding P2P networks and technologies, and lack of certainty of any court decisions regarding such matters. In the future, as we log into Longhorn (http://msdn.microsoft.com/longhorn/), we will wonder where our right to enjoy began to disappear. Electronic Frontier Foundation’s (http://www.eff.org/) cry to ‘Defend Freedom in the Digital World’ gains increasing resonance. In presenting ‘copy’ to you, we invite you cut, paste, innovate, create, and be entertained, to share, and share alike, while you still can. References Digital Connections Council of the Committee for Economic Development (CED). Promoting Innovation and Economic Growth: The Special Problem of Digital Intellectual Property, 2004. http://www.ced.org/docs/report/report_dcc.pdf>. Fisher, William. Promises to Keep: Technology, Law, and the Future of Entertainment. Palo Alto CA: Stanford UP, 2004. Lessig, Lawrence. The Future of Ideas: The Fate of the Commons in a Connected World. New York: Random House, 2001. Moore, Christopher. “Creative Choices: Changes to Australian Copyright Law and the Future of the Public Domain.” Media International Australia 114 (2005): 71-82. Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York: New York UP, 2003. Citation reference for this article MLA Style Leisten, Susanna, and Rachel Cobcroft. "Copy." M/C Journal 8.3 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0507/01-editorial.php>. APA Style Leisten, S., and R. Cobcroft. (Jul. 2005) "Copy," M/C Journal, 8(3). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0507/01-editorial.php>.

This conference is organized by the Centre for Research & Consultancy at Dubai Business School in collaboration with Dubai Chamber of Commerce & Industry, Academic Consortia of 21 universities in UAE, and AACSB/EQUIS accredited international universities. The theme of the conference is “Research for Business Innovation and Advancement” provides networking opportunities with high profile plenary sessions and PhD Workshops for participants. UD President Dr. Eesa Bastaki, says that such conferences play an immense role in advancing the UAE’s knowledge-based economy as they are in line with the UAE Vision 2021. He added that “research is one of the most important pillars of a knowledge-based, highly productive and competitive economy.” The conference will display full-length research papers including empirical research, quantitative techniques, new models, practice-based research, case studies, and conceptual papers, were invited, in the following areas: Finance, Banking, Insurance, Accounting, Economics, Business Law, Financial Crimes & Money Laundering, International Commercial Arbitration, Management, Leadership, Strategy, and HRM, Marketing, Tourism, E-Commerce, Business Ethics, Big Data Analytics in businesses, Business Intelligence, Innovation and Entrepreneurship and many others. Selected top quality accepted papers are published as conference proceedings. Based on the feedback from the conference attendees, the selected re-submitted 15-20% top-rated papers are likely to be published in the first issue of International Journal on Advances in Business, Management and Law (IRABML). These conference proceedings and the journal are likely to be indexed in SCOPUS and ISI. All articles are distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use and redistribution provided that the original author and source are credited. Selection and Peer-review under the responsibility of the UNIVERSITY OF DUBAI - DUBAI BUSINESS SCHOOL - ICABML Conference Committee

Third-party funding is an arrangement where an entity with no prior interest in the merits of a dispute provides funding to a party involved in the dispute. Traditionally, this funding was specifically to assist the party to the dispute by financing its legal fees and costs and could be obtained in a number of ways, such as through insurance or loans from financial institutions. Third-party funding has seen significant growth and an increase in sophistication in recent years, resulting in a departure from this traditional model concurrent with the rise of commercial litigation funders whose entire business is providing non-recourse investment in disputes. This article explores both the changes in models of third-party funding — which can include some or all of: (1) paying for legal fees and disbursements, (2) indemnifying against the risk of an adverse costs order, (3) stepping in to provide security for costs, (4) providing working capital or portfolio funding for bundles of claims, and (5) the rise of institutional third-party financing in Canada. In particular, this article will explore some of the specific applications of third-party funding to the energy industry, including “David and Goliath” claims, claims involving state asset expropriation, and the use of funding as a tool for risk allocation in asset sales. This article will also discuss the development and current state of the legal framework and case law in Canada with respect to third-party funding, along with third-party funding across different contexts and types of disputes. This includes the evolution of the law of maintenance and champerty and a discussion of key legal and ethical issues engaged by third-party funding arrangements including confidentiality, privilege, disclosure, conflicts of interest, and control of the dispute.

IntroductionDespite claims that the importance of distance has been reduced due to technological and communications improvements (Cairncross; Friedman; O’Brien), the ‘power of place’ still resonates, often intensifying the role of geography (Christopherson et al.; Morgan; Pratt; Scott and Storper). Within the film industry, there has been a decentralisation of production from Hollywood, but there remains a spatial logic which has preferenced particular centres, such as Toronto, Vancouver, Sydney and Prague often led by a combination of incentives (Christopherson and Storper; Goldsmith and O’Regan; Goldsmith et al.; Miller et al.; Mould). The emergence of high end television, television programming for which the production budget is more than £1 million per television hour, has presented new opportunities for screen hubs sharing a very similar value chain to the film industry (OlsbergSPI with Nordicity).In recent years, interventions have proliferated with the aim of capitalising on the decentralisation of certain activities in order to attract international screen industries production and embed it within local hubs. Tools for building capacity and expertise have proliferated, including support for studio complex facilities, infrastructural investments, tax breaks and other economic incentives (Cucco; Goldsmith and O’Regan; Jensen; Goldsmith et al.; McDonald; Miller et al.; Mould). Yet experience tells us that these will not succeed everywhere. There is a need for a better understanding of both the capacity for places to build a distinctive and competitive advantage within a highly globalised landscape and the relative merits of alternative interventions designed to generate a sustainable production base.This article first sets out the rationale for the appetite identified in the screen industries for co-location, or clustering and concentration in a tightly drawn physical area, in global hubs of production. It goes on to explore the latest trends of decentralisation and examines the upturn in interventions aimed at attracting mobile screen industries capital and labour. Finally it introduces the Scottish screen industries and explores some of the ways in which Scotland has sought to position itself as a recipient of screen industries activity. The paper identifies some key gaps in infrastructure, most notably a studio, and calls for closer examination of the essential ingredients of, and possible interventions needed for, a vibrant and sustainable industry.A Compulsion for ProximityIt has been argued that particular spatial and place-based factors are central to the development and organisation of the screen industries. The film and television sector, the particular focus of this article, exhibit an extraordinarily high degree of spatial agglomeration, especially favouring centres with global status. It is worth noting that the computer games sector, not explored in this article, slightly diverges from this trend displaying more spatial patterns of decentralisation (Vallance), although key physical hubs of activity have been identified (Champion). Creative products often possess a cachet that is directly associated with their point of origin, for example fashion from Paris, films from Hollywood and country music from Nashville – although it can also be acknowledged that these are often strategic commercial constructions (Pecknold). The place of production represents a unique component of the final product as well as an authentication of substantive and symbolic quality (Scott, “Creative cities”). Place can act as part of a brand or image for creative industries, often reinforcing the advantage of being based in particular centres of production.Very localised historical, cultural, social and physical factors may also influence the success of creative production in particular places. Place-based factors relating to the built environment, including cheap space, public-sector support framework, connectivity, local identity, institutional environment and availability of amenities, are seen as possible influences in the locational choices of creative industry firms (see, for example, Drake; Helbrecht; Hutton; Leadbeater and Oakley; Markusen).Employment trends are notoriously difficult to measure in the screen industries (Christopherson, “Hollywood in decline?”), but the sector does contain large numbers of very small firms and freelancers. This allows them to be flexible but poses certain problems that can be somewhat offset by co-location. The findings of Antcliff et al.’s study of workers in the audiovisual industry in the UK suggested that individuals sought to reconstruct stable employment relations through their involvement in and use of networks. The trust and reciprocity engendered by stable networks, built up over time, were used to offset the risk associated with the erosion of stable employment. These findings are echoed by a study of TV content production in two media regions in Germany by Sydow and Staber who found that, although firms come together to work on particular projects, typically their business relations extend for a much longer period than this. Commonly, firms and individuals who have worked together previously will reassemble for further project work aided by their past experiences and expectations.Co-location allows the development of shared structures: language, technical attitudes, interpretative schemes and ‘communities of practice’ (Bathelt, et al.). Grabher describes this process as ‘hanging out’. Deep local pools of creative and skilled labour are advantageous both to firms and employees (Reimer et al.) by allowing flexibility, developing networks and offsetting risk (Banks et al.; Scott, “Global City Regions”). For example in Cook and Pandit’s study comparing the broadcasting industry in three city-regions, London was found to be hugely advantaged by its unrivalled talent pool, high financial rewards and prestigious projects. As Barnes and Hutton assert in relation to the wider creative industries, “if place matters, it matters most to them” (1251). This is certainly true for the screen industries and their spatial logic points towards a compulsion for proximity in large global hubs.Decentralisation and ‘Sticky’ PlacesDespite the attraction of global production hubs, there has been a decentralisation of screen industries from key centres, starting with the film industry and the vertical disintegration of Hollywood studios (Christopherson and Storper). There are instances of ‘runaway production’ from the 1920s onwards with around 40 per cent of all features being accounted for by offshore production in 1960 (Miller et al., 133). This trend has been increasing significantly in the last 20 years, leading to the genesis of new hubs of screen activity such as Toronto, Vancouver, Sydney and Prague (Christopherson, “Project work in context”; Goldsmith et al.; Mould; Miller et al.; Szczepanik). This development has been prompted by a multiplicity of reasons including favourable currency value differentials and economic incentives. Subsidies and tax breaks have been offered to secure international productions with most countries demanding that, in order to qualify for tax relief, productions have to spend a certain amount of their budget within the local economy, employ local crew and use domestic creative talent (Hill). Extensive infrastructure has been developed including studio complexes to attempt to lure productions with the advantage of a full service offering (Goldsmith and O’Regan).Internationally, Canada has been the greatest beneficiary of ‘runaway production’ with a state-led enactment of generous film incentives since the late 1990s (McDonald). Vancouver and Toronto are the busiest locations for North American Screen production after Los Angeles and New York, due to exchange rates and tax rebates on labour costs (Miller et al., 141). 80% of Vancouver’s production is attributable to runaway production (Jensen, 27) and the city is considered by some to have crossed a threshold as:It now possesses sufficient depth and breadth of talent to undertake the full array of pre-production, production and post-production services for the delivery of major motion pictures and TV programmes. (Barnes and Coe, 19)Similarly, Toronto is considered to have established a “comprehensive set of horizontal and vertical media capabilities” to ensure its status as a “full function media centre” (Davis, 98). These cities have successfully engaged in entrepreneurial activity to attract production (Christopherson, “Project Work in Context”) and in Vancouver the proactive role of provincial government and labour unions are, in part, credited with its success (Barnes and Coe). Studio-complex infrastructure has also been used to lure global productions, with Toronto, Melbourne and Sydney all being seen as key examples of where such developments have been used as a strategic priority to take local production capacity to the next level (Goldsmith and O’Regan).Studies which provide a historiography of the development of screen-industry hubs emphasise a complex interplay of social, cultural and physical conditions. In the complex and global flows of the screen industries, ‘sticky’ hubs have emerged with the ability to attract and retain capital and skilled labour. Despite being principally organised to attract international production, most studio complexes, especially those outside of global centres need to have a strong relationship to local or national film and television production to ensure the sustainability and depth of the labour pool (Goldsmith and O’Regan, 2003). Many have a broadcaster on site as well as a range of companies with a media orientation and training facilities (Goldsmith and O’Regan, 2003; Picard, 2008). The emergence of film studio complexes in the Australian Gold Coast and Vancouver was accompanied by an increasing role for television production and this multi-purpose nature was important for the continuity of production.Fostering a strong community of below the line workers, such as set designers, locations managers, make-up artists and props manufacturers, can also be a clear advantage in attracting international productions. For example at Cinecitta in Italy, the expertise of set designers and experienced crews in the Barrandov Studios of Prague are regarded as major selling points of the studio complexes there (Goldsmith and O’Regan; Miller et al.; Szczepanik). Natural and built environments are also considered very important for film and television firms and it is a useful advantage for capturing international production when cities can double for other locations as in the cases of Toronto, Vancouver, Prague for example (Evans; Goldsmith and O’Regan; Szczepanik). Toronto, for instance, has doubled for New York in over 100 films and with regard to television Due South’s (1994-1998) use of Toronto as Chicago was estimated to have saved 40 per cent in costs (Miller et al., 141).The Scottish Screen Industries Within mobile flows of capital and labour, Scotland has sought to position itself as a recipient of screen industries activity through multiple interventions, including investment in institutional frameworks, direct and indirect economic subsidies and the development of physical infrastructure. Traditionally creative industry activity in the UK has been concentrated in London and the South East which together account for 43% of the creative economy workforce (Bakhshi et al.). In order, in part to redress this imbalance and more generally to encourage the attraction and retention of international production a range of policies have been introduced focused on the screen industries. A revised Film Tax Relief was introduced in 2007 to encourage inward investment and prevent offshoring of indigenous production, and this has since been extended to high-end television, animation and children’s programming. Broadcasting has also experienced a push for decentralisation led by public funding with a responsibility to be regionally representative. The BBC (“BBC Annual Report and Accounts 2014/15”) is currently exceeding its target of 50% network spend outside London by 2016, with 17% spent in Scotland, Wales and Northern Ireland. Channel 4 has similarly committed to commission at least 9% of its original spend from the nations by 2020. Studios have been also developed across the UK including at Roath Lock (Cardiff), Titanic Studios (Belfast), MedicaCity (Salford) and The Sharp Project (Manchester).The creative industries have been identified as one of seven growth sectors for Scotland by the government (Scottish Government). In 2010, the film and video sector employed 3,500 people and contributed £120 million GVA and £120 million adjusted GVA to the economy and the radio and TV sector employed 3,500 people and contributed £50 million GVA and £400 million adjusted GVA (The Scottish Parliament). Beyond the direct economic benefits of sectors, the on-screen representation of Scotland has been claimed to boost visitor numbers to the country (EKOS) and high profile international film productions have been attracted including Skyfall (2012) and WWZ (2013).Scotland has historically attracted international film and TV productions due to its natural locations (VisitScotland) and on average, between 2009-2014, six big budget films a year used Scottish locations both urban and rural (BOP Consulting, 2014). In all, a total of £20 million was generated by film-making in Glasgow during 2011 (Balkind) with WWZ (2013) and Cloud Atlas (2013), representing Philadelphia and San Francisco respectively, as well as doubling for Edinburgh for the recent acclaimed Scottish films Filth (2013) and Sunshine on Leith (2013). Sanson (80) asserts that the use of the city as a site for international productions not only brings in direct revenue from production money but also promotes the city as a “fashionable place to live, work and visit. Creativity makes the city both profitable and ‘cool’”.Nonetheless, issues persist and it has been suggested that Scotland lacks a stable and sustainable film industry, with low indigenous production levels and variable success from year to year in attracting inward investment (BOP Consulting). With regard to crew, problems with an insufficient production base have been identified as an issue in maintaining a pipeline of skills (BOP Consulting). Developing ‘talent’ is a central aspect of the Scottish Government’s Strategy for the Creative Industries, yet there remains the core challenge of retaining skills and encouraging new talent into the industry (BOP Consulting).With regard to film, a lack of substantial funding incentives and the absence of a studio have been identified as a key concern for the sector. For example, within the film industry the majority of inward investment filming in Scotland is location work as it lacks the studio facilities that would enable it to sustain a big-budget production in its entirety (BOP Consulting). The absence of such infrastructure has been seen as contributing to a drain of Scottish talent from these industries to other areas and countries where there is a more vibrant sector (BOP Consulting). The loss of Scottish talent to Northern Ireland was attributed to the longevity of the work being provided by Games of Thrones (2011-) now having completed its six series at the Titanic Studios in Belfast (EKOS) although this may have been stemmed somewhat recently with the attraction of US high-end TV series Outlander (2014-) which has been based at Wardpark in Cumbernauld since 2013.Television, both high-end production and local broadcasting, appears crucial to the sustainability of screen production in Scotland. Outlander has been estimated to contribute to Scotland’s production spend figures reaching a historic high of £45.8 million in 2014 (Creative Scotland ”Creative Scotland Screen Strategy Update”). The arrival of the program has almost doubled production spend in Scotland, offering the chance for increased stability for screen industries workers. Qualifying for UK High-End Television Tax Relief, Outlander has engaged a crew of approximately 300 across props, filming and set build, and cast over 2,000 supporting artist roles from within Scotland and the UK.Long running drama, in particular, offers key opportunities for both those cutting their teeth in the screen industries and also by providing more consistent and longer-term employment to existing workers. BBC television soap River City (2002-) has been identified as a key example of such an opportunity and the programme has been credited with providing a springboard for developing the skills of local actors, writers and production crew (Hibberd). This kind of pipeline of production is critical given the work patterns of the sector. According to Creative Skillset, of the 4,000 people in Scotland are employed in the film and television industries, 40% of television workers are freelance and 90% of film production work in freelance (EKOS).In an attempt to address skills gaps, the Outlander Trainee Placement Scheme has been devised in collaboration with Creative Scotland and Creative Skillset. During filming of Season One, thirty-eight trainees were supported across a range of production and craft roles, followed by a further twenty-five in Season Two. Encouragingly Outlander, and the books it is based on, is set in Scotland so the authenticity of place has played a strong component in the decision to locate production there. Producer David Brown began his career on Bill Forsyth films Gregory’s Girl (1981), Local Hero (1983) and Comfort and Joy (1984) and has a strong existing relationship to Scotland. He has been very vocal in his support for the trainee program, contending that “training is the future of our industry and we at Outlander see the growth of talent and opportunities as part of our mission here in Scotland” (“Outlander fast tracks next generation of skilled screen talent”).ConclusionsThis article has aimed to explore the relationship between place and the screen industries and, taking Scotland as its focus, has outlined a need to more closely examine the ways in which the sector can be supported. Despite the possible gains in terms of building a sustainable industry, the state-led funding of the global screen industries is contested. The use of tax breaks and incentives has been problematised and critiques range from use of public funding to attract footloose media industries to the increasingly zero sum game of competition between competing places (Morawetz; McDonald). In relation to broadcasting, there have been critiques of a ‘lift and shift’ approach to policy in the UK, with TV production companies moving to the nations and regions temporarily to meet the quota and leaving once a production has finished (House of Commons). Further to this, issues have been raised regarding how far such interventions can seed and develop a rich production ecology that offers opportunities for indigenous talent (Christopherson and Rightor).Nonetheless recent success for the screen industries in Scotland can, at least in part, be attributed to interventions including increased decentralisation of broadcasting and the high-end television tax incentives. This article has identified gaps in infrastructure which continue to stymie growth and have led to production drain to other centres. 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IntroductionIn a 2013 press release issued by Blind Citizens Australia, the advocacy group announced they were lodging a human rights complaint against the Australian government and the ABC over the lack of audio description available on the public broadcaster. Audio description is a track of narration included between the lines of dialogue which describes important visual elements of a television show, movie or performance. Audio description is broadly recognised as an essential feature to make television accessible to audiences who are blind or vision impaired (Utray et al.). Indeed, Blind Citizens Australia maintained that audio description was as important as captioning on Australian television:people who are blind have waited too long and are frustrated that audio description on television remains indefinitely beyond our reach. Our Deaf or hearing impaired peers have always seen great commitment from the ABC, but we continue to feel like second class citizens.While audio description as a technology was developed in the 1960s—around the same time as captions (Ellis, “Netflix Closed Captions”)—it is not as widely available on television and access is therefore often considered to be out of reach for this group. As a further comparison, in Australia, while the provision of captions was mandated in the Broadcasting Services Act (BSA) 1992 and television sets had clear Australian standards regarding their capability to display captions, there is no legislation for audio description and no consistency regarding the ability of television sets sold in Australia to display them (Ellis, “Television’s Transition”). While as a technology, audio description is as old as captioning it is not as widely available on television. This is despite the promise of technological advancements to facilitate its availability. For example, Cronin and King predicted that technological change such as the introduction of stereo sound on television would facilitate a more widespread availability of audio description; however, this has not eventuated. Similarly, in the lead up to the transition from analogue to digital broadcasting in Australia, government policy documents predicted a more widespread availability of audio description as a result of increased bandwidth available via digital television (Ellis, “Television’s Transition”). While these predictions paved way for an audio description trial, there has been no amendment to the BSA to mandate its provision.Audio description has been experienced on Australian broadcast television in 2012, but only for a 14-week trial on ABC1. The trial report, and feedback from disability groups, identified several technical impediments and limitations which effected the experience of audio described content during this trial, including: the timing of the trial during a period in which the transition from analogue to digital television was still occurring (creating hardware compatibility issues for some consumers); the limitations of the “ad hoc” approach undertaken by the ABC and manual implementation of audio description; and the need for upgraded digital receivers (ABC “Trial of Audio Description”, 2). While advocacy groups acknowledged the technical complexities involved, the expected stakeholder discussions that were due to be held post-trial, in part to attempt to resolve the issues experienced, were never undertaken. As a result of the lack of subsequent commitments to providing audio description, in 2013 advocacy group Blind Citizens Australia lodged their formal complaints of disability discrimination against the ABC and the Federal Government. Since the 2012 trial on ABC1, the ABC’s catch-up portal iView instigated another audio description trial in 2015. Through the iView trial it was further confirmed that audio description held considerable benefits for people with a vision impairment. They also demonstrated that audio description was technically feasible, with far less ‘technical difficulties’ than the experience of the 2012 broadcast-based trial. Over the 15 month trial on ABC iView 1,305 hours of audio described content was provided and played 158, 277 times across multiple platforms, including iOS, Android, the Freeview app and desktop computers (ABC, “ABC iView Audio Description Trial”).Yet despite repeated audio description trials and the lodgement of discrimination complaints, there remains no audio description on Australian broadcast television. Similarly, whereas 55 per cent of DVDs released in Australia have captions, only 25 per cent include an audio description track (Media Access Australia). At the time of writing, the only audio description available on Australian television is on Netflix Australia, a subscription video on demand provider.This article seeks to highlight the importance of television access for people with disability, with a specific focus on the provision of audio description for people with vision impairments. Research consistently shows that despite being a visual medium, people with vision impairments watch television at least once a day (Cronin and King; Ellis, “Netflix Closed Captions”). However, while television access has been a priority for advocates for people who are Deaf and hard of hearing (Downey), audiences advocating audio description are only recently making gains (Ellis, “Netflix Closed Captions”; Ellis and Kent). These gains are frequently attributed to technological change, particularly the digitisation of television and the introduction of subscription video on demand where users access television content online and are not constrained by broadcast schedules. This transformation of how we access television is also considered in the article, again with a focus on the provision–or lack thereof—of audio description.This article also reports findings of research conducted with Australians with disabilities accessing the emerging video on demand environment in 2016. The survey was run online from January to February 2016. Survey respondents included people with disability, their families, and carers, and were sourced through disability organisations and community groups as well as via disability-focused social media. A total of 145 people completed the survey and 12 people participated in follow-up interviews. Insights were gained into both how people with disability are currently using video on demand and their anticipated usage of services. Of note is that most subscription video on demand services (Netflix Australia, Stan, and Presto) had only been introduced in Australia in the year before the survey being carried out, with only Foxtel Play and Quickflix having been in operation for some time prior to that.Finally, the article ends by looking at past and current advocacy in this area, including a discussion on existing—albeit, to date, limited—political will.Access to Television for People with DisabilitiesTelevision can be disabling in different ways for people with impairments, yet several accessibility features exist to translate information. For example, people who are D/deaf or hard of hearing may require captions, while people with vision impairments prefer to make use of audio description (Alper et al.). Similarly, people with mobility and dexterity impairments found the transition to digital broadcasting difficult, particularly with relation to set top box set up (Carmichael et al.). As Joshua Robare has highlighted, even legislation has generally favoured the inclusion of audiences with hearing impairments, while disregarding those with vision impairments. Similarly, much of the literature in this area focuses on the provision of captions—a vital accessibility feature for people who are D/deaf or hard of hearing. Consequently, research into accessibility to television for a diversity of impairments, going beyond hearing impairments, remains deficient.In a study of Australian audiences with disability conducted between September and November 2013—during the final months of the analogue to digital simulcast period of Australian broadcast television—closed captions, clean audio, and large/colour-coded remote control keys emerged as the most desired access features (see Ellis, “Digital Television Flexibility”). Audio description barely registered in the top five. In a different study conducted two years ago/later, when disabled Australian audiences of video on demand were asked the same question, captions continued to dominate at 63.4 per cent; however, audio description was also seen to be a necessary feature for almost one third of respondents (see Ellis et al., Accessing Subcription Video).Robert Kingett, founder of the Accessible Netflix Project, participated in our research and told us in an interview that video on demand providers treat accessibility as an “afterthought”, particularly for blind people whom most don’t think of as watching television. Yet research dating back to the 1990s shows almost 100 per cent of people with vision impairments watch television at least once a day (Cronin & King). Statistically, the number of Australians who identify as blind or vision impaired is not insignificant. Vision Australia estimates that over 357,000 Australians have a vision impairment, while one in five Australians have a disability of some form. With an ageing population, this number is expected to grow exponentially in the next ten years (Australian Network on Disability). Kingett therefore describes this lack of accessibility as evidence video on demand is “stuck in the dark ages”, and advocates that people with vision impairments do use video on demand and therefore continue to have unmet access needs.Video on Demand—Transforming TelevisionSubscription video on demand services have caused a major shift in the way television is used and consumed in Australia. Prior to 2015, there was a small subscription video on demand industry in this country. However, in 2015, following the launch of Netflix Australia, Stan, and Presto, Australia was described as having entered the “streaming wars” (Tucker) where consumers would benefit from the increased competition. As Netflix gained dominance in the video on demand market internationally, people with disability began to recognise the potential this service could have in transforming their access to television.For example, the growing availability of video on demand services continues to provide disruptive change to the way in which consumers enjoy information and entertainment. While traditional broadcast television has provided great opportunities for participation in news, events, and popular culture, both socially and in the workplace, the move towards video on demand services has seen a notable decline in traditional television viewing habits, with online continuing to increase at the expense of Australian free-to-air programming (C-Scott).For the general population, this always-on, always-available, and always-shareable nature of video on demand means that the experience is both convenient and instant. If a television show is of interest to friends and family, it can be quickly shared through popular social media with others, allowing everyone to join in the experience. For people with disability, the ability to both share and personalise the experience of television is critical to the popularity of video on demand services for this group. This gives them not only the same benefits as others but also ensures that people with disability are not unintentionally excluded from participation—it allows people with disability the choice as to whether or not to join in. However, exclusion from video on demand is a significant concern for people with disability due to the lack of accessibility features in popular subscription services. The lack of captions, audio description, and interfaces that do not comply with international Web accessibility standards are resulting in many people with disability being unable to fully participate in the preferred viewing platforms of family and friends.The impact of this expands beyond the consumption patterns of audiences, shifting the way the audience is defined and conceptualised. With an increasing distribution of audience attention to multiple channels, products, and services, the ability to, and strategies for, acquiring a large audience has changed (Napoli). As audience attention is distributed, it is broken up, into smaller, fragmented groups. The success, therefore, of a new provider may be to amass a large audience through the aggregation of smaller, niche audiences. This theory has significance for consumers who require audio description because they represent a viable target group. In this context, accessibility is reframed as a commercial opportunity rather than a cost (Ellis, “Netflix Closed Captions”).However, what this means for future provision of audio description in Australia is still unclear. Chris Mikul from Media Access Australia, author of Access on Demand, was interviewed as part of this research. He told us that the complete lack of audio description on local video on demand services can be attributed to the lack of Australian legislation requiring it. In an interview as part of this research he explained the central issue with audio description in this country as “the lack of audio description on broadcast TV, which is shocking in a world context”.International providers fare only slightly better. Robert Kingett established the Accessible Netflix Project in 2013 with the stated aim of advocating for the provision of audio description on Netflix. Netflix, despite a lack of a clear accessibility policy, are seen as being in front in terms of overall accessibility—captions are available for most content. However, the provision of audio description was initially not considered to be of such importance, and Netflix were initially against the idea, citing technical difficulties. Nevertheless, in 2015—shortly after their Australian launch—they did eventually introduce audio description on original programming, describing the access feature as an option customers could choose, “just like choosing the soundtrack in a different language” (Wright). However, despite such successful trials, the issue in the Australian market remains the absence of legislation mandating the provision of audio description in Australia and the other video on demand providers have not introduced audio description to compete with Netflix. As the Netflix example illustrates, both legislation and recognition of people with disability as a key audience demographic will result in a more accessible television environment for this group.Currently, it is debatable as to whether this increasingly competitive market, the shifting perception of audience attraction and retention, and the entry of multiple international video on demand providers, has influenced how accessibility is viewed, both for broadcast television and video on demand. Although there is some evidence for an increasing consideration of people with disability as “valid” consumers—take, for example, the iView audio description trial, or the inclusion of audio description by Netflix—our research indicates accessibility is still inconsistently considered, designed for, and applied by current providers.Survey Response: Key Issues Regarding AccessibilityRespondents were asked to provide an overall impression of video on demand services, and to tell us about their positive and negative experiences. Analysis of 68 extended responses, and the responses provided by the interview participants, identified a lack of availability of accessibility features such as audio description as a key problem. What our results indicate is that while customers with a disability are largely accommodating of the inaccessibility of providers—they use their own assistive technology to access content—they are keenly aware of the provisions that could be made. As one respondent put it:they could do a lot better: talking menus, spoken sub titles, and also spoken messages on screen.However, many expressed low expectations due to the continued absence of audio description on broadcast television:so, the other thing is, my expectations are quite low because of years of not having audio descriptions. I have slightly different expectations to other people.This reflection is important in considering both the shifting expectations regarding video on demand providers but also the need for a clear communication of what features are available so that providers can cater to—and therefore capture—niche markets.The survey identified captioning as the main accessibility problem of video on demand services. However, this may not accurately reflect the need for other accessibility features such as audio description. Rather, it may be indicative that this feature is often the only choice given to consumers. As, Chris Mikul identified, “the only disability being catered for to any great extent is deafness/hearing impairment”. Kingett agreed, noting:people who are deaf and hard of hearing are placed way before the rest because captions are beyond easy and cheap to create now. Please, there’s even companies that people use to crowd source captions so companies don’t have to do it anymore. This all came about because the deaf community has [banded] together … to achieve a cause. I know audio description isn’t as cheap to make as captions but, by these companies’ budgets that’s like dropping a penny.Advocacy and Political WillAs noted above, it has been argued by some that accessibility features that address vision impairments have been neglected. The reason behind this is twofold—the perception that this disability is experienced by a minority of the population and that, because blind people “don’t watch television”, it is not an important accessibility feature. This points towards a need for both disability advocacy and political will by politicians to introduce legislation. As one survey respondent identified, the reality is that, in Australia, neither politicians nor people with vision impairments have yet to address the issue on audio description in an organised or sustained way:we have very little audio described content available in Australia. We don’t have the population of blind people nor the political will by politicians to force providers to provide for us.However, Blind Citizens Australia—the coalition of television audiences with vision impairments who lodged the human rights complaint against the government and the ABC—suggest the tide is turning. Whereas advocates for people with vision impairments have traditionally focused on access to the workforce, the issue of television accessibility is increasingly gaining attention, particularly as a result of international activist efforts and the move towards video on demand (see Ellis and Kent).For example, Kingett’s Accessible Netflix Project in the US is considered one of the most successful accessibility movements towards the introduction of audio description. While its members are predominantly US-based, it does include several Australian members and continues to cover Netflix Australia’s stance on audio description, and be covered by Australian media and organisations (including Media Access Australia and Life Hacker). When Netflix launched in Australia, Kingett encouraged Australians to become more involved in the project (Ellis and Kent).However, despite the progress towards mandating of audio description in parliament and the resolution of efforts made by advocacy groups (including Vision Australia and Blind Citizens Australia), the status of audio description remains uncertain. Whilst some support has been gained—specifically through motions made by Senator Siewert and the ABC iView audio description trials—significant change has been slow. For example, conciliation discussions are still ongoing regarding the now four-year-old complaint brought against the ABC and the Federal Government by Blind Citizens Australia. Meanwhile, although the Senate supported Senator Siewert’s motion to change the Broadcasting Services Act to include audio description, the Act has yet to be amended.The results of multiple ABC trials of audio description remain in discussion. Whilst the recently released report on the findings of the April 2015—July 2016 iView trial states that the “trial has identified that those who utilised the audio description service found it a valuable enhancement to their media engagement and their social interactions” (ABC, “ABC iView Audio Description Trial” 18), it also cautioned that “any move to introduce AD services in Australia would have budgetary implications for the broadcasters in a constrained financial environment” and “broader legislative implications” (ABC, “ABC iView Audio Description Trial” 18). Indeed, although the trial was considered “successful”—in that experiences by users were generally positive and the benefits considerable (Media Access Australia, “New Report”)—the continuation of audio description on iView alone was clarified as representing “a systemic failure to provide people who are blind or have low vision with basic access to television now, given that iView is out of reach for many people in the blindness and low vision community” (Media Access Australia, “New Report”). Indeed, the relatively low numbers of plays of audio described content during the trial (158, 277 plays, representing 0.58% of total program plays on iView) were likely a result of a lack of access to smartphones or Internet technology, prohibitive data speeds and/or general Internet costs, all factors which affect the accessibility of video on demand significantly more for people with disability (Ellis et al., “Access for Everyone?”).On a more positive note, the culmination of advocacy pressure, the ABC iView trial, political attention, and increasing academic literature on the accessibility of Australian media has resulted in the establishment of an Audio Description Working Group by the government. This group consists of industry representatives, advocacy group representatives, academics, and “consumer representatives”. The aims of the group are to: identify options to sustainably increase access to audio description services; identify any impediments to the implementation of audio description; provide expert advice on audio description implementation options; and develop a report on the findings due at the end of 2017.ConclusionIn the absence of audio description, people who are blind or vision impaired report a less satisfying television experience (Cronin and King; Kingett). However, with each technological advancement in the delivery of television, from stereo sound to digital television, this group has held hopes for a more accessible experience. The reality, however, has been a continued lack of audio description, particularly in broadcast television.Several commentators have compared the provision of audio description with closed captioning. They find that audio description is not as widely available, and reflect this is likely a result of lack of legislation (Robare; Ellis, “Digital Television Flexibility”)—for example, in the Australian context, whereas the provision of captions is mandated in the Broadcasting Services Act 1992, audio description is not. As a result, there have been limited trials of audio description in this country and inconsistent standards in how to display it. As discussed throughout this paper, people with vision impairments and their allies therefore often draw on the example of the widespread “acceptance” of captions to make the case that audio description should also be more widely available.However, following the introduction of subscription video on demand in Australia, and particularly Netflix, the issue of audio description is receiving greater attention. It has been argued that video on demand has transformed television, particularly the ways in which television is accessed. Video on demand could also potentially transform the way we think about accessibility for audiences with disability. While captions are a well-established accessibility feature facilitating television access for people with a range of disabilities, video on demand is raising the profile of the importance of audio description for audiences with vision impairments.ReferencesABC. “Audio Description Trial on ABC Television: Report to the Minister for Broadband, Communications and the Digital Economy”. Dec. 2012. 8 Apr. 2017 <https://www.communications.gov.au/sites/g/files/net301/f/ABC-Audio-Description-Trial-Report2.pdf>.ABC. “ABC iView Audio Description Trial: Final Report to The Department of Communications and the Arts.” Oct. 2016. 6 Apr. 2017 <https://www.communications.gov.au/documents/final-report-trial-audio-description-abc-iview>.Alper, Meryl, et al. “Reimagining the Good Life with Disability: Communication, New Technology, and Humane Connections.” Communication and the Good Life. 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In the 2019 documentary Chasing Happiness, recording artist/musician Joe Jonas tells audiences that the band was “living the dream”. Similarly, in the 2012 documentary Artifact, lead singer Jared Leto remarks that at the height of Thirty Seconds to Mars’s success, they “were living the dream”. However, for both the Jonas Brothers and Thirty Seconds to Mars, their experiences of the music industry (much like other commercially successful recording artists) soon transformed into nightmares. Similar to other commercially successful recording artists, the Jonas Brothers and Thirty Seconds to Mars, came up against the constraints of the industry which inevitably led to a forfeiting of authenticity, a loss of creative control, increased exploitation, and unequal remuneration. This work will consider how working in the music industry is not always a dream come true and can instead be viewed as a proverbial nightmare. Living the DreamIn his book Dreams, Carl Gustav Jung discusses how that which is experienced in sleep, speaks of a person’s wishes: that which might be desired in reality but may not actually happen. In his earlier work, The Interpretation of Dreams, Freud argued that the dream is representative of fulfilling a repressed wish. However, the creative industries suggest that a dream need not be a repressed wish; it can become a reality. Jon Bon Jovi believes that his success in the music industry has surpassed his wildest dreams (Atkinson). Jennifer Lopez considers the fact that she held big dreams, had a focussed passion, and strong aspirations the reason why she pursued a creative career that took her out of the Bronx (Thomas). In a Twitter post from 23 April 2018, Bruno Mars declared that he “use [sic] to dream of this shit,” in referring to a picture of him performing for a sold out arena, while in 2019 Shawn Mendes informed his 24.4 million Twitter followers that his “life is a dream”. These are but a few examples of successful music industry artists who are seeing their ‘wishes’ come true and living the American Dream.Endemic to the American culture (and a characteristic of the identity of the country) is the “American Dream”. It centres on “a land in which life should be better and richer and fuller for every man, with opportunity for each according to his ability and achievement” (Adams, 404). Although initially used to describe having a nice house, money, stability and a reasonable standard of living, the American Dream has since evolved to what the scholar Florida believes is the new ‘aspiration of people’: doing work that is enjoyable and relies on human creativity. At its core, the original American Dream required striving to meet individual goals, and was promoted as possible for anyone regardless of their cultural, socio-economic and political background (Samuel), because it encourages the celebrating of the self and personal uniqueness (Gamson). Florida’s conceptualisation of the New American dream, however, tends to emphasise obtaining success, fame and fortune in what Neff, Wissinger, and Zukin (310) consider “hot”, “creative” industries where “the jobs are cool”.Whether old or new, the American Dream has perpetuated and reinforced celebrity culture, with many of the young generation reporting that fame and fortune were their priorities, as they sought to emulate the success of their famous role models (Florida). The rag to riches stories of iconic recording artists can inevitably glorify and make appealing the struggle that permits achieving one’s dream, with celebrities offering young, aspiring creative people a means of identification for helping them to aspire to meet their dreams (Florida; Samuel). For example, a young Demi Lovato spoke of how she idolised and looked up to singer Beyonce Knowles, describing Knowles as a role model because of the way she carries herself (Tishgart). Similarly, American Idol winner Kelly Clarkson cited Aretha Franklin as her musical inspiration and the reason that she sings from a place deep within (Nilles). It is unsurprising then, that popular media has tended to portray artists working in the creative industries and being paid to follow their passions as “a much-vaunted career dream” (Duffy and Wissinger, 4656). Movies such as A Star Is Born (2018), The Coal Miner’s Daughter (1980), Dreamgirls (2006), Begin Again (2013) and La La Land (2016) exalt the perception that creativity, talent, sacrifice and determination will mean dreams come true (Nicolaou). In concert with the American dream is the drive among creative people pursuing creative success to achieve their dreams because of the perceived autonomy they will gain, the chance of self-actualisation and social rewards, and the opportunity to fulfil intrinsic motivations (Amabile; Auger and Woodman; Cohen). For these workers, the love of creation and the happiness that accompanies new discoveries (Csikszentmihalyi) can offset the tight budgets and timelines, precarious labour (Blair, Grey, and Randle; Hesmondhalgh and Baker), uncertain demand (Caves; Shultz), sacrifice of personal relationships (Eikhof and Haunschild), the demand for high quality products (Gil & Spiller), and the tense relationships with administrators (Bilton) which are known to plague these industries. In some cases, young, up and coming creative people overlook these pitfalls, instead romanticising creative careers as ideal and worthwhile. They willingly take on roles and cede control to big corporations to “realize their passions [and] uncover their personal talent” (Bill, 50). Of course, as Ursell argues in discussing television employees, such idealisation can mean creatives, especially those who are young and unfamiliar with the constraints of the industry, end up immersed in and victims of the “vampiric” industry that exploits workers (816). They are socialised towards believing, in this case, that the record label is a necessary component to obtain fame and fortune and whether willing or unwilling, creative workers become complicit in their own exploitation (Cohen). Loss of Control and No CompensationThe music industry itself has been considered by some to typify the cultural industries (Chambers). Popular music has potency in that it is perceived as speaking a universal language (Burnett), engaging the emotions and thoughts of listeners, and assisting in their identity construction (Burnett; Gardikiotis and Baltzis). Given the place of music within society, it is not surprising that in 2018, the global music industry was worth US$19.1billion (IFPI). The music industry is necessarily underpinned by a commercial agenda. At present, six major recording companies exist and between them, they own between 70-80 per cent of the recordings produced globally (Konsor). They also act as gatekeepers, setting trends by defining what and who is worth following and listening to (Csikszentmihalyi; Jones, Anand, and Alvarez). In essence, to be successful in the music industry is to be affiliated with a record label. This is because the highly competitive nature and cluttered environment makes it harder to gain traction in the market without worthwhile representation (Moiso and Rockman). In the 2012 documentary about Thirty Seconds to Mars, Artifact, front man Jared Leto even questions whether it is possible to have “success without a label”. The recording company, he determines, “deal with the crappy jobs”. In a financially uncertain industry that makes money from subjective or experience-based goods (Caves), having a label affords an artist access to “economic capital for production and promotion” that enables “wider recognition” of creative work (Scott, 239). With the support of a record label, creative entrepreneurs are given the chance to be promoted and distributed in the creative marketplace (Scott; Shultz). To have a record label, then, is to be perceived as legitimate and credible (Shultz).However, the commercial music industry is just that, commercial. Accordingly, the desire to make money can see the intrinsic desires of musicians forfeited in favour of standardised products and a lack of remuneration for artists (Negus). To see this standardisation in practice, one need not look further than those contestants appearing on shows such as American Idol or The Voice. Nowhere is the standardisation of the music industry more evident than in Holmes’s 2004 article on Pop Idol. Pop Idol first aired in Britain from 2001-2003 and paved the way for a slew of similar shows around the world such as Australia’s Popstars Live in 2004 and the global Idol phenomena. According to Holmes, audiences are divested of the illusion of talent and stardom when they witness the obvious manufacturing of musical talent. The contestants receive training, are dressed according to a prescribed image, and the show emphasises those melodramatic moments that are commercially enticing to audiences. Her sentiments suggest these shows emphasise the artifice of the music industry by undermining artistic authenticity in favour of generating celebrities. The standardisation is typified in the post Idol careers of Kelly Clarkson and Adam Lambert. Kelly Clarkson parted with the recording company RCA when her manager and producer Clive Davis told her that her album My December (2007) was “not commercial enough” and that Clarkson, who had written most of the songs, was a “shitty writer… who should just shut up and sing” (Nied). Adam Lambert left RCA because they wanted him to make a full length 80s album comprised of covers. Lambert commented that, “while there are lots of great songs from that decade, my heart is simply not in doing a covers album” (Lee). In these instances, winning the show and signing contracts led to both Clarkson and Lambert forfeiting a degree of creative control over their work in favour of formulaic songs that ultimately left both artists unsatisfied. The standardisation and lack of remuneration is notable when signing recording artists to 360° contracts. These 360° contracts have become commonplace in the music industry (Gulchardaz, Bach, and Penin) and see both the material and immaterial labour (such as personal identities) of recording artists become controlled by record labels (Stahl and Meier). These labels determine the aesthetics of the musicians as well as where and how frequently they tour. Furthermore, the labels become owners of any intellectual property generated by an artist during the tenure of the contract (Sanders; Stahl and Meier). For example, in their documentary Show Em What You’re Made Of (2015), the Backstreet Boys lament their affiliation with manager Lou Pearlman. Not only did Pearlman manufacture the group in a way that prevented creative exploration by the members (Sanders), but he withheld profits to the point that the Backstreet Boys had to sue Pearlman in order to gain access to money they deserved. In 2002 the members of the Backstreet Boys had stated that “it wasn’t our destinies that we had to worry about in the past, it was our souls” (Sanders, 541). They were not writing their own music, which came across in the documentary Show Em What You’re Made Of when singer Howie Dorough demanded that if they were to collaborate as a group again in 2013, that everything was to be produced, managed and created by the five group members. Such a demand speaks to creative individuals being tied to their work both personally and emotionally (Bain). The angst encountered by music artists also signals the identity dissonance and conflict felt when they are betraying their true or authentic creative selves (Ashforth and Mael; Ashforth and Humphrey). Performing and abiding by the rules and regulations of others led to frustration because the members felt they were “being passed off as something we aren’t” (Sanders 539). The Backstreet Boys were not the only musicians who were intensely controlled and not adequately compensated by Pearlman. In the documentary The Boy Band Con: The Lou Pearlman Story 2019, Lance Bass of N*Sync and recording artist Aaron Carter admitted that the experience of working with Pearlman became a nightmare when they too, were receiving cheques that were so small that Bass describes them as making his heart sink. For these groups, the dream of making music was undone by contracts that stifled creativity and paid a pittance.In a similar vein, Thirty Seconds to Mars sought to cut ties with their record label when they felt that they were not being adequately compensated for their work. In retaliation EMI issued Mars with a US$30 million lawsuit for breach of contract. The tense renegotiations that followed took a toll on the creative drive of the group. At one point in the documentary Artifact (2012), Leto claims “I can’t sing it right now… You couldn’t pay me all the money in the world to sing this song the way it needs to be sung right now. I’m not ready”. The contract subordination (Phillips; Stahl and Meier) that had led to the need to renegotiate financial terms came at not only a financial cost to the band, but also a physical and emotional one. The negativity impacted the development of the songs for the new album. To make music requires evoking necessary and appropriate emotions in the recording studio (Wood, Duffy, and Smith), so Leto being unable to deliver the song proved problematic. Essentially, the stress of the lawsuit and negotiations damaged the motivation of the band (Amabile; Elsbach and Hargadon; Hallowell) and interfered with their creative approach, which could have produced standardised and poor quality work (Farr and Ford). The dream of making music was almost lost because of the EMI lawsuit. Young creatives often lack bargaining power when entering into contracts with corporations, which can prove disadvantaging when it comes to retaining control over their lives (Phillips; Stahl and Meier). Singer Demi Lovato’s big break came in the 2008 Disney film Camp Rock. As her then manager Phil McIntyre states in the documentary Simply Complicated (2017), Camp Rock was “perceived as the vehicle to becoming a superstar … overnight she became a household name”. However, as “authentic and believable” as Lovato’s edginess appeared, the speed with which her success came took a toll on Lovato. The pressure she experienced having to tour, write songs that were approved by others, star in Disney channel shows and movies, and look a certain way, became too much and to compensate, Lovato engaged in regular drug use to feel free. Accordingly, she developed a hybrid identity to ensure that the squeaky clean image required by the moral clauses of her contract, was not tarnished by her out-of-control lifestyle. The nightmare came from becoming famous at a young age and not being able to handle the expectations that accompanied it, coupled with a stringent contract that exploited her creative talent. Lovato’s is not a unique story. Research has found that musicians are more inclined than those in other workforces to use psychotherapy and psychotropic drugs (Vaag, Bjørngaard, and Bjerkeset) and that fame and money can provide musicians more opportunities to take risks, including drug-use that leads to mortality (Bellis, Hughes, Sharples, Hennell, and Hardcastle). For Lovato, living the dream at a young age ultimately became overwhelming with drugs her only means of escape. AuthenticityThe challenges then for music artists is that the dream of pursuing music can come at the cost of a musician’s authentic self. According to Hughes, “to be authentic is to be in some sense real and true to something ... It is not simply an imitation, but it is sincere, real, true, and original expression of its creator, and is believable or credible representations or example of what it appears to be” (190). For Nick Jonas of the Jonas Brothers, being in the spotlight and abiding by the demands of Disney was “non-stop” and prevented his personal and musical growth (Chasing Happiness). As Kevin Jonas put it, Nick “wanted the Jonas Brothers to be no more”. The extensive promotion that accompanies success and fame, which is designed to drive celebrity culture and financial motivations (Currid-Halkett and Scott; King), can lead to cynical performances and dissatisfaction (Hughes) if the identity work of the creative creates a disjoin between their perceived self and aspirational self (Beech, Gilmore, Cochrane, and Greig). Promoting the band (and having to film a television show and movies he was not invested in all because of contractual obligations) impacted on Nick’s authentic self to the point that the Jonas Brothers made him feel deeply upset and anxious. For Nick, being stifled creatively led to feeling inauthentic, thereby resulting in the demise of the band as his only recourse.In her documentary Gaga: Five Foot Two (2017), Lady Gaga discusses the extent she had to go to maintain a sense of authenticity in response to producer control. As she puts it, “when producers wanted me to be sexy, I always put some absurd spin on it, that made me feel like I was still in control”. Her words reaffirm the perception amongst scholars (Currid-Halkett and Scott; King; Meyers) that in playing the information game, industry leaders will construct an artist’s persona in ways that are most beneficial for, in this case, the record label. That will mean, for example, establishing a coherent life story for musicians that endears them to audiences and engaging recording artists in co-branding opportunities to raise their profile and to legitimise them in the marketplace. Such behaviour can potentially influence the preferences and purchases of audiences and fans, can create favourability, originality and clarity around artists (Loroz and Braig), and can establish competitive advantage that leads to producers being able to charge higher prices for the artists’ work (Hernando and Campo). But what impact does that have on the musician? Lady Gaga could not continue living someone else’s dream. She found herself needing to make changes in order to avoid quitting music altogether. As Gaga told a class of university students at the Emotion Revolution Summit hosted by Yale University:I don’t like being used to make people money. It feels sad when I am overworked and that I have just become a money-making machine and that my passion and creativity take a backseat. That makes me unhappy.According to Eikof and Haunschild, economic necessity can threaten creative motivation. Gaga’s reaction to the commercial demands of the music industry signal an identity conflict because her desire to create, clashed with the need to be commercial, with the outcome imposing “inconsistent demands upon” her (Ashforth and Mael, 29). Therefore, to reduce what could be considered feelings of dissonance and inconsistency (Ashforth and Mael; Ashforth and Humphrey) Gaga started saying “no” to prevent further loss of her identity and sense of authentic self. Taking back control could be seen as a means of reorienting her dream and overcoming what had become dissatisfaction with the commercial processes of the music industry. ConclusionsFor many creatives working in the creative industries – and specifically the music industry – is constructed as a dream come true; the working conditions and expectations experienced by recording artists are far from liberating and instead can become nightmares to which they want to escape. The case studies above, although likely ‘constructed’ retellings of the unfortunate circumstances encountered working in the music industry, nevertheless offer an inside account that contradicts the prevailing ideology that pursuing creative passions leads to a dream career (Florida; Samuel). If anything, the case studies explored above involving 30 Seconds to Mars, the Jonas Brothers, Lady Gaga, Kelly Clarkson, Adam Lambert and the Backstreet Boys, acknowledge what many scholars writing in the creative industries have already identified; that exploitation, subordination, identity conflict and loss of control are the unspoken or lesser known consequences of pursuing the creative dream. That said, the conundrum for creatives is that for success in the industry big “creative” businesses, such as recording labels, are still considered necessary in order to break into the market and to have prolonged success. This is simply because their resources far exceed those at the disposal of independent and up-and-coming creative entrepreneurs. Therefore, it can be argued that this friction of need between creative industry business versus artists will be on-going leading to more of these ‘dream to nightmare’ stories. The struggle will continue manifesting in the relationship between business and artist for long as the recording artists fight for greater equality, independence of creativity and respect for their work, image and identities. 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In light of the COVID-19 pandemic, where income has become precarious and Internet use has soared, the influencer industry has to strategise over new ways to sustain viewer attention, maintain income flows, and innovate around formats and messaging, to avoid being excluded from continued commercial possibilities. In this article, we review the press coverage of the influencer markets in Australia, Japan, and Korea, and consider how the industry has been attempting to navigate their way through the pandemic through deviations and detours. We consider the narratives and groups of influencers who have been included and excluded in shaping the discourse about influencer strategies in the time of COVID-19. The distinction between inclusion and exclusion has been a crucial mechanism to maintain the social normativity, constructed with gender, sexuality, wealth, able-ness, education, age, and so on (Stäheli and Stichweh, par. 3; Hall and Du Gay 5; Bourdieu 162). The influencer industry is the epitome of where the inclusion-exclusion binary is noticeable. It has been criticised for serving as a locus where social norms, such as femininity and middle-class identities, are crystallised and endorsed in the form of visibility and attention (Duffy 234; Abidin 122). Many are concerned about the global expansion of the influencer industry, in which young generations are led to clickbait and sensational content and normative ways of living, in order to be “included” by their peer groups and communities and to avoid being “excluded” (Cavanagh). However, COVID-19 has changed our understanding of the “normal”: people staying home, eschewing social communications, and turning more to the online where they can feel “virtually” connected (Lu et al. 15). The influencer industry also has been affected by COVID-19, since the images of normativity cannot be curated and presented as they used to be. In this situation, it is questionable how the influencer industry that pivots on the inclusion-exclusion binary is adjusting to the “new normal” brought by COVID-19, and how the binary is challenged or maintained, especially by exploring the continuities and discontinuities in industry. Methodology This cross-cultural study draws from a corpus of articles from Australia, Japan, and Korea published between January and May 2020, to investigate how local news outlets portrayed the contingencies undergone by the influencer industry, and what narratives or groups of influencers were excluded in the process. An extended discussion of our methodology has been published in an earlier article (Abidin et al. 5-7). Using the top ranked search engine of each country (Google for Australia and Japan, Naver for Korea), we compiled search results of news articles from the first ten pages (ten results per page) of each search, prioritising reputable news sites over infotainment sites, and by using targeted keyword searches: for Australia: ‘influencer’ and ‘Australia’ and ‘COVID-19’, ‘coronavirus’, ‘pandemic’; for Japan: ‘インフルエンサー’ (influensā) and ‘コロナ’ (korona), ‘新型コロ ナ’ (shin-gata korona), ‘コロナ禍’ (korona-ka); for Korea: ‘인플루언서’ (Influencer) and ‘코로나’ (corona) and ‘팬데믹’ (pandemic). 111 articles were collected (42 for Australia, 31 for Japan, 38 for Korea). In this article, we focus on a subset of 60 articles and adopt a grounded theory approach (Glaser and Strauss 5) to manually conduct open, axial, and close coding of their headline and body text. Each headline was translated by the authors and coded for a primary and secondary ‘open code’ across seven categories: Income loss, Backlash, COVID-19 campaign, Misinformation, Influencer strategy, Industry shifts, and Brand leverage. The body text was coded in a similar manner to indicate all the relevant open codes covered in the article. In this article, we focus on the last two open codes that illustrate how brands have been working with influencers to tide through COVID-19, and what the overall industry shifts were on the three Asia-Pacific country markets. Table 1 (see Appendix) indicates a full list of our coding schema. Inclusion of the Normal in Shifting Brand Preferences In this section, we consider two main shifts in brand preferences: an increased demand for influencers, and a reliance on influencers to boost viewer/consumer traffic. We found that by expanding digital marketing through Influencers, companies attempted to secure a so-called “new normal” during the pandemic. However, their marketing strategies tended to reiterate the existing inclusion-exclusion binary and exacerbated the lack of diversity and inequality in the industry. Increased Demand for Influencers Across the three country markets, brokers and clients in the influencer industry increased their demand for influencers’ services and expertise to sustain businesses via advertising in the “aftermath of COVID-19”, as they were deemed to be more cost-efficient “viral marketing on social media” (Yoo). By outsourcing content production to influencers who could still produce content independently from their homes (Cheik-Hussein) and who engage with audiences with their “interactive communication ability” (S. Kim and Cho), many companies attempted to continue their business and maintain their relationships with prospective consumers (Forlani). As the newly enforced social distancing measures have also interrupted face-to-face contact opportunities, the mass pivot towards influencers for digital marketing is perceived to further professionalise the industry via competition and quality control in all three countries (Wilkinson; S. Kim and Cho; Yadorigi). By integrating these online personae of influencers into their marketing, the business side of each country is moving towards the new normal in different manners. In Australia, businesses launched campaigns showcasing athlete influencers engaging in meaningful activities at home (e.g. yoga, cooking), and brands and companies reorganised their marketing strategies to highlight social responsibilities (Moore). On the other hand, for some companies in the Japanese market, the disruption from the pandemic was a rare opportunity to build connections and work with “famous” and “prominent” influencers (Yadorigi), otherwise unavailable and unwilling to work for smaller campaigns during regular periods of an intensely competitive market. In Korea, by emphasising their creative ability, influencers progressed from being “mere PR tools” to becoming “active economic subjects of production” who now can play a key role in product planning for clients, mediating companies and consumers (S. Kim and Cho). The underpinning premise here is that influencers are tech-savvy and therefore competent in creating media content, forging relationships with people, and communicating with them “virtually” through social media. Reliance on Influencers to Boost Viewer/Consumer Traffic Across several industry verticals, brands relied on influencers to boost viewership and consumer traffic on their digital estates and portals, on the premise that influencers work in line with the attention economy (Duffy 234). The fashion industry’s expansion of influencer marketing was noticeable in this manner. For instance, Korean department store chains (e.g. Lotte) invited influencers to “no-audience live fashion shows” to attract viewership and advertise fashion goods through the influencers’ social media (Y. Kim), and Australian swimwear brand Vitamin A partnered with influencers to launch online contests to invite engagement and purchases on their online stores (Moore). Like most industries where aspirational middle-class lifestyles are emphasised, the travel industry also extended partnerships with their current repertoire of influencers or international influencers in order to plan for the post-COVID-19 market recovery and post-border reopening tourism boom (Moore; Yamatogokoro; J. Lee). By extension, brands without any prior relationships with influencers, whcih did not have such histories to draw on, were likely to have struggled to produce new influencer content. Such brands could thus only rely on hiring influencers specifically to leverage their follower base. The increasing demand for influencers in industries like fashion, food, and travel is especially notable. In the attention economy where (media) visibility can be obtained and maintained (Duffy 121), media users practice “visibility labor” to curate their media personas and portray branding themselves as arbiters of good taste (Abidin 122). As such, influencers in genres where personal taste can be visibly presented—e.g. fashion, travel, F&B—seem to have emerged from the economic slump with a head start, especially given their dominance on the highly visual platform of Instagram. Our analysis shows that media coverage during COVID-19 repeated the discursive correlation between influencers and such hyper-visible or visually-oriented industries. However, this dominant discourse about hyper-visible influencers and the gendered genres of their work has ultimately reinforced norms of self-presentation in the industry—e.g. being feminine, young, beautiful, luxurious—while those who deviate from such norms seem to be marginalised and excluded in media coverage and economic opportunities during the pandemic cycle. Including Newness by Shifting Format Preferences We observed the inclusion of newness in the influencer scenes in all three countries. By shifting to new formats, the previously excluded and lesser seen aspects of our lives—such as home-based content—began to be integrated into the “new normal”. There were four main shifts in format preferences, wherein influencers pivoted to home-made content, where livestreaming is the new dominant format of content, and where followers preferred more casual influencer content. Influencers Have Pivoted to Home-Made Content In all three country markets, influencers have pivoted to generating content based on life at home and ideas of domesticity. These public displays of homely life corresponded with the sudden occurrence of being wired to the Internet all day—also known as “LAN cable life” (랜선라이프, lan-seon life) in the Korean media—which influencers were chiefly responsible for pioneering (B. Kim). While some genres like gaming and esports were less impacted upon by the pivot, given that the nature and production of the content has always been confined to a desktop at home (Cheik-Hussein), pivots occurred for the likes of outdoor brands (Moore), the culinary industry (Dean), and fitness and workout brands (Perelli and Whateley). In Korea, new trends such as “home cafes” (B. Kim) and DIY coffees—like the infamous “Dalgona-Coffee” that was first introduced by a Korean YouTuber 뚤기 (ddulgi)—went viral on social media across the globe (Makalintal). In Japan, the spike in influencers showcasing at-home activities (Hayama) also encouraged mainstream TV celebrities to open social media accounts explicitly to do the same (Kamada). In light of these trends, the largest Multi-Channel Network (MCN) in Japan, UUUM, partnered with one of the country’s largest entertainment industries, Yoshimoto Kogyo, to assist the latter’s comedian talents to establish a digital video presence—a trend that was also observed in Korea (Koo), further underscoring the ubiquity of influencer practices in the time of COVID-19. Along with those creators who were already producing content in a domestic environment before COVID-19, it was the influencers with the time and resources to quickly pivot to home-made content who profited the most from the spike in Internet traffic during the pandemic (Noshita). The benefits of this boost in traffic were far from equal. For instance, many others who had to turn to makeshift work for income, and those who did not have conducive living situations to produce content at home, were likely to be disadvantaged. Livestreaming Is the New Dominant Format Amidst the many new content formats to be popularised during COVID-19, livestreaming was unanimously the most prolific. In Korea, influencers were credited for the mainstreaming and demotising (Y. Kim) of livestreaming for “live commerce” through real-time advertorials and online purchases. Livestreaming influencers were solicited specifically to keep international markets continuously interested in Korean products and cultures (Oh), and livestreaming was underscored as a main economic driver for shaping a “post-COVID-19” society (Y. Kim). In Australia, livestreaming was noted among art (Dean) and fitness influencers (Dean), and in Japan it began to be adopted among major fashion brands like Prada and Chloe (Saito). While the Australian coverage included livestreaming on platforms such as Instagram, Facebook, YouTube, Twitch, and Douyin (Cheik-Hussein; Perelli and Whateley; Webb), the Japanese coverage highlighted the potential for Instagram Live to target young audiences, increase feelings of “trustworthiness”, and increase sales via word-of-mouth advertising (Saito). In light of reduced client campaigns, influencers in Australia had also used livestreaming to provide online consulting, teaching, and coaching (Perelli and Whateley), and to partner with brands to provide masterclasses and webinars (Sanders). In this era, influencers in genres and verticals that had already adopted streaming as a normative practice—e.g. gaming and lifestyle performances—were likely to have had an edge over others, while other genres were excluded from this economic silver lining. Followers Prefer More Casual Influencer Content In general, all country markets report followers preferring more casual influencer content. In Japan, this was offered via the potential of livestreaming to deliver more “raw” feelings (Saito), while in Australia this was conveyed through specific content genres like “mental or physical health battles” (Moore); specific aesthetic choices like appearing “messier”, less “curated”, and “more unfiltered” (Wilkinson); and the growing use of specific emergent platforms like TikTok (Dean, Forlani, Perelli, and Whateley). In Korea, influencers in the photography, travel, and book genres were celebrated for their new provision of pseudo-experiences during COVID-19-imposed social distancing (Kang). Influencers on Instagram also spearheaded new social media trends, like the “#wheredoyouwannago_challenge” where Instagram users photoshopped themselves into images of famous tourist spots around the world (Kang). Conclusion In our study of news articles on the impact of COVID-19 on the Australian, Japanese, and Korean influencer industries during the first wave of the pandemic, influencer marketing was primed to be the dominant and default mode of advertising and communication in the post-COVID-19 era (Tate). In general, specific industry verticals that relied more on visual portrayals of lifestyles and consumption—e.g. fashion, F&B, travel—to continue partaking in economic recovery efforts. However, given the gendered genre norms in the industry, this meant that influencers who were predominantly feminine, young, beautiful, and luxurious experienced more opportunity over others. Further, influencers who did not have the resources or skills to pivot to the “new normals” of creating content from home, engaging in livestreaming, and performing their personae more casually were excluded from these new economic opportunities. Across the countries, there were minor differences in the overall perception of influencers. There was an increasingly positive perception of influencers in Japan and Korea, due to new norms and pandemic-related opportunities in the media ecology: in Korea, influencers were considered to be the “vanguard of growing media commerce in the post-pandemonium era” (S. Kim and Cho), and in Japan, influencers were identified as critical vehicles during a more general consumer shift from traditional media to social media, as TV watching time is reduced and home-based e-commerce purchases are increasingly popular (Yadogiri). However, in Australia, in light of the sudden influx of influencer marketing strategies during COVID-19, the market seemed to be saturated more quickly: brands were beginning to question the efficiency of influencers, cautioned that their impact has not been completely proven for all industry verticals (Stephens), and have also begun to reduce commissions for influencer affiliate programmes as a cost-cutting measure (Perelli and Whateley). While news reports on these three markets indicate that there is some level of growth and expansion for various influencers and brands, such opportunities were not experienced equally, with some genres and demographics of influencers and businesses being excluded from pandemic-related pivots and silver linings. Further, in light of the increasing commercial opportunities, pressure for more regulations also emerged; for example, the Korean government announced new investigations into tax avoidance (Han). Not backed up by talent agencies or MCNs, independent influencers are likely to be more exposed to the disciplinary power of shifting regulatory practices, a condition which might have hindered their attempt at diversifying their income streams during the pandemic. Thus, while it is tempting to focus on the privileged and novel influencers who have managed to cling on to some measure of success during the pandemic, scholarly attention should also remember those who are being excluded and left behind, lest generations, cohorts, genres, or subcultures of the once-vibrant influencer industry fade into oblivion. References Abidin, Crystal. “#In$tagLam: Instagram as a repository of taste, a burgeoning marketplace, a war of eyeballs.” Mobile Media Making in an Age of Smartphones. Eds. Marsha Berry and Max Schleser. New York: Palgrave Pivot, 2014. 119-128. <https://doi.org/10.1057/9781137469816_11>. 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"코로나 이후 인플루언서 경제·사회 영향력 더 커져 [Influencers' Socioeconomic Impact Increased in Covid-19 Era].” MoneyToday 28 Apr. 2020. <https://news.mt.co.kr/mtview.php?no=2020042614390682882>. Kim, Young-Eun. "[포스트 코로나 유망 비즈니스 22]실시간 방송으로 경험하고 손가락으로 산다…판 커진 라이브 커머스 [[Growing Business 22 in Post-COVID-19] Experience with Livestreaming and Purchase with Fingers].” Hankyung Business 19 May 2020. <https://news.naver.com/main/read.nhn?mode=LSD&mid=sec&sid1=101&oid=050&aid=0000053676>. Koo, Jayoon. "코로나 언택트시대… 유튜브 업계는 '승승장구' [Fast-Growing Youtube Industry in the Covid-19 Untact Era].” Financial News 24 Apr. 2020. <https://www.fnnews.com/news/202004241650545778>. Lu, Li, et al. “Forum: COVID-19 Dispatches.” Cultural Studies ↔ Critical Methodologies, Sep. 2020. DOI: 10.1177/1532708620953190. Lee, Jihye. “[포스트 코로나] ‘일상을 여행처럼, 안전을 일상처럼’...해외 대신 국내 활성화 예고 [[Post-COVID-19] ‘Daily Life as Travelling, Safety as Daily Life’... 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"코트라, 중국·대만 6곳에 중소기업 온라인마케팅 전용 'K스튜디오' 오픈 [KOTRA Launches 6 ‘K-Studios’ in China and Taiwan for Online Marketing for SME].” Global Economics 16 May 2020. <https://news.g-enews.com/ko-kr/news/article/news_all/2020050611155064653b88961c8c_1/article.html?md=20200506141610_R>. Perelli, Amanda, and Dan Whateley. “How the Coronavirus Is Changing the Influencer Business, According to Marketers and Top Instagram and YouTube Stars.” Business Insider Australia 22 Mar. 2020. <https://www.businessinsider.com.au/how-coronavirus-is-changing-influencer-marketing-creator-industry-2020-3?r=US&IR=T>. Reid, Elise. “COVID-19 Could See Advertisers Move from Influencers to Streaming Sites.” Channel News 27 Apr. 2020. <https://www.channelnews.com.au/covid-19-could-see-advertisers-move-from-influencers-to-streaming-sites/>. 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The Internet has connected people and cultures in a way that, just ten years ago, was unimaginable. Because of the net, materials once scarce are now ubiquitous. Indeed, never before in human history have so many people had so much access to such a wide variety of cultural material, yet far from heralding a new cultural nirvana, we are facing a creative lock-down. Over the last hundred years, copyright term has been extended time and again by a creative industry eager to hold on to the exclusive rights to its most lucrative materials. Previously, these rights guaranteed a steady income because the industry controlled supply and, in many cases, manufactured demand. But now culture has moved from being physical artefacts that can be sold or performances that can be experienced to being collections of 1s and 0s that can be easily copied and exchanged. People are revelling in the opportunity to acquire and experience music, movies, TV, books, photos, essays and other materials that they would otherwise have missed out on; and they picking up the creative ball and running with it, making their own version, remixes, mash-ups and derivative works. More importantly than that, people are producing and sharing their own cultural resources, publishing their own original photos, movies, music, writing. You name it, somewhere someone is making it, just for the love of it. Whilst the creative industries are using copyright law in every way they can to prosecute, shut down, and scare people away from even legitimate uses of cultural materials, the law itself is becoming increasingly inadequate. It can no longer deal with society’s demands and expectations, nor can it cope with modern forms of collaboration facilitated by technologies that the law makers could never have anticipated. Understanding Copyright Copyright is a complex area of law and even a seemingly simple task like determining whether a work is in or out of copyright can be a difficult calculation, as illustrated by flowcharts from Tim Padfield of the National Archives examining the British system, and Bromberg & Sunstein LLP which covers American works. Despite the complexity, understanding copyright is essential in our burgeoning knowledge economies. It is becoming increasingly clear that sharing knowledge, skills and expertise is of great importance not just within companies but also within communities and for individuals. There are many tools available today that allow people to work, synchronously or asynchronously, on creative endeavours via the Web, including: ccMixter, a community music site that helps people find material to remix; YouTube, which hosts movies; and JumpCut:, which allows people to share and remix their movies. These tools are being developed because of the increasing number of cultural movements toward the appropriation and reuse of culture that are encouraging people to get involved. These movements vary in their constituencies and foci, and include the student movement FreeCulture.org, the Free Software Foundation, the UK-based Remix Commons. Even big business has acknowledged the importance of cultural exchange and development, with Apple using the tagline ‘Rip. Mix. Burn.’ for its controversial 2001 advertising campaign. But creators—the writers, musicians, film-makers and remixers—frequently lose themselves in the maze of copyright legislation, a maze complicated by the international aspect of modern collaboration. Understanding of copyright law is at such a low ebb because current legislation is too complex and, in parts, out of step with modern technology and expectations. Creators have neither the time nor the motivation to learn more—they tend to ignore potential issues and continue labouring under any misapprehensions they have acquired along the way. The authors believe that there is an urgent need for review, modernisation and simplification of intellectual property laws. Indeed, in the UK, intellectual property is currently being examined by a Treasury-level review lead by Andrew Gowers. The Gowers Review is, at the time of writing, accepting submissions from interested parties and is due to report in the Autumn of 2006. Internationally, however, the situation is likely to remain difficult, so creators must grasp the nettle, educate themselves about copyright, and ensure that they understand the legal ramifications of collaboration, publication and reuse. What Is Collaboration? Wikipedia, a free online encyclopaedia created and maintained by unpaid volunteers, defines collaboration as “all processes wherein people work together—applying both to the work of individuals as well as larger collectives and societies” (Wikipedia, “Collaboration”). These varied practices are some of our most common and basic tendencies and apply in almost every sphere of human behaviour; working together with others might be described as an instinctive, pragmatic or social urge. We know we are collaborating when we work in teams with colleagues or brainstorm an idea with a friend, but there are many less familiar examples of collaboration, such as taking part in a Mexican wave or standing in a queue. In creative works, the law expects collaborators to obtain permission to reuse work created by others before they embark upon that reuse. Yet this distinction between ‘my’ work and ‘your’ work is entirely a legal and social construct, as opposed to an absolute fact of human nature, and new technologies are blurring the boundaries between what is ‘mine’ and what is ‘yours’ whilst new cultural movements posit a third position, ‘ours’. Yochai Benkler coined the term ‘commons-based peer production’ (Benkler, Coase’s Penguin; The Wealth of Nations) to describe collaborative efforts, such as free and open-source software or projects such as Wikipedia itself, which are based on sharing information. Benkler posits this particular example of collaboration as an alternative model for economic development, in contrast to the ‘firm’ and the ‘market’. Benkler’s notion sits uncomfortably with the individualistic precepts of originality which dominate IP policy, but with examples of commons-based peer production on the increase, it cannot be ignored when considering how new technologies and ways of working interact with existing and future copyright legislation. The Development of Collaboration When we think of collaboration we frequently imagine academics working together on a research paper, or musicians jamming together to write a new song. In academia, researchers working on a project are expected to write papers for publication in journals on a regular basis. The motto ‘publish or die’ is well known to anyone who has worked in academic circle—publishing papers is the lifeblood of the academic career, forming the basis of a researcher’s status within the academic community and providing data and theses for other researchers to test and build upon. In these circumstances, copyright is often assigned by the authors to a journal and, because there is no direct commercial outcome for the authors, conflicts regarding copyright tend to be restricted to issues such as reuse and reproduction. Within the creative industries, however, the focus of the collaboration is to derive commercial benefit from the work, so copyright issues, such as division of fees and royalties, plagiarism, and rights for reuse are much more profitable and hence they are more vigorously pursued. All of these issues are commonly discussed, documented and well understood. Less well understood is the interaction between copyright and the types of collaboration that the Internet has facilitated over the last decade. Copyright and Wikis Ten years ago, Ward Cunningham invented the ‘wiki’—a Web page which could be edited in situ by anyone with a browser. A wiki allows multiple users to read and edit the same page and, in many cases, those users are either anonymous or identified only by a nickname. The most famous example of a wiki is Wikipedia, which was started by Jimmy Wales in 2001 and now has over a million articles and over 1.2 million registered users (Wikipedia, “Wikipedia Statistics”). The culture of online wiki collaboration is a gestalt—the whole is greater than the sum of the parts and the collaborators see the overall success of the project as more important than their contribution to it. The majority of wiki software records every single edit to every page, creating a perfect audit trail of who changed which page and when. Because copyright is granted for the expression of an idea, in theory, this comprehensive edit history would allow users to assert copyright over their contributions, but in practice it is not possible to delineate clearly between different people’s contributions and, even if it was possible, it would simply create a thicket of rights which could never be untangled. In most cases, wiki users do not wish to assert copyright and are not interested in financial gain, but when wikis are set up to provide a source of information for reuse, copyright licensing becomes an issue. In the UK, it is not possible to dedicate a piece of work to the public domain, nor can you waive your copyright in a work. When a copyright holder wishes to licence their work, they can only assign that licence to another person or a legal entity such as a company. This is because in the UK, the public domain is formed of the ‘leftovers’ of intellectual property—works for which copyright has expired or those aspects of creative works which do not qualify for protection. It cannot be formally added to, although it certainly can be reduced by, for example, extension of copyright term which removes work from the public domain by re-copyrighting previously unprotected material. So the question becomes, to whom does the content of a wiki belong? At this point traditional copyright doctrines are of little use. The concept of individuals owning their original contribution falls down when contributions become so entangled that it’s impossible to split one person’s work from another. In a corporate context, individuals have often signed an employment contract in which they assign copyright in all their work to their employer, so all material created individually or through collaboration is owned by the company. But in the public sphere, there is no employer, there is no single entity to own the copyright (the group of contributors not being in itself a legal entity), and therefore no single entity to give permission to those who wish to reuse the content. One possible answer would be if all contributors assigned their copyright to an individual, such as the owner of the wiki, who could then grant permission for reuse. But online communities are fluid, with people joining and leaving as the mood takes them, and concepts of ownership are not as straightforward as in the offline world. Instead, authors who wished to achieve the equivalent of assigning rights to the public domain would have to publish a free licence to ‘the world’ granting permission to do any act otherwise restricted by copyright in the work. Drafting such a licence so that it is legally binding is, however, beyond the skills of most and could be done effectively only by an expert in copyright. The majority of creative people, however, do not have the budget to hire a copyright lawyer, and pro bono resources are few and far between. Copyright and Blogs Blogs are a clearer-cut case. Blog posts are usually written by one person, even if the blog that they are contributing to has multiple authors. Copyright therefore resides clearly with the author. Even if the blog has a copyright notice at the bottom—© A.N. Other Entity—unless there has been an explicit or implied agreement to transfer rights from the writer to the blog owner, copyright resides with the originator. Simply putting a copyright notice on a blog does not constitute such an agreement. Equally, copyright in blog comments resides with the commenter, not the site owner. This reflects the state of copyright with personal letters—the copyright in a letter resides with the letter writer, not the recipient, and owning letters does not constitute a right to publish them. Obviously, by clicking the ‘submit’ button, commenters have decided themselves to publish, but it should be remembered that that action does not transfer copyright to the blog owner without specific agreement from the commenter. Copyright and Musical Collaboration Musical collaboration is generally accepted by legal systems, at least in terms of recording (duets, groups and orchestras) and writing (partnerships). The practice of sampling—taking a snippet of a recording for use in a new work—has, however, changed the nature of collaboration, shaking up the recording industry and causing a legal furore. Musicians have been borrowing directly from each other since time immemorial and the student of classical music can point to many examples of composers ‘quoting’ each other’s melodies in their own work. Folk musicians too have been borrowing words and music from each other for centuries. But sampling in its modern form goes back to the musique concrète movement of the 1940s, when musicians used portions of other recordings in their own new compositions. The practice developed through the 50s and 60s, with The Beatles’ “Revolution 9” (from The White Album) drawing heavily from samples of orchestral and other recordings along with speech incorporated live from a radio playing in the studio at the time. Contemporary examples of sampling are too common to pick highlights, but Paul D. Miller, a.k.a. DJ Spooky ‘that Subliminal Kid’, has written an analysis of what he calls ‘Rhythm Science’ which examines the phenomenon. To begin with, sampling was ignored as it was rare and commercially insignificant. But once rap artists started to make significant amounts of money using samples, legal action was taken by originators claiming copyright infringement. Notable cases of illegal sampling were “Pump Up the Volume” by M/A/R/R/S in 1987 and Vanilla Ice’s use of Queen/David Bowie’s “Under Pressure” in the early 90s. Where once artists would use a sample and sort out the legal mess afterwards, such high-profile litigation has forced artists to secure permission for (or ‘clear’) their samples before use, and record companies will now refuse to release any song with uncleared samples. As software and technology progress further, so sampling progresses along with it. Indeed, sampling has now spawned mash-ups, where two or more songs are combined to create a musical hybrid. Instead of using just a portion of a song in a new composition which may be predominantly original, mash-ups often use no original material and rely instead upon mixing together tracks creatively, often juxtaposing musical styles or lyrics in a humorous manner. One of the most illuminating examples of a mash-up is DJ Food Raiding the 20th Century which itself gives a history of sampling and mash-ups using samples from over 160 sources, including other mash-ups. Mash-ups are almost always illegal, and this illegality drives mash-up artists underground. Yet, despite the fact that good mash-ups can spread like wildfire on the Internet, bringing new interest to old and jaded tracks and, potentially, new income to artists whose work had been forgotten, this form of musical expression is aggressively demonised upon by the industry. Given the opportunity, the industry will instead prosecute for infringement. But clearing rights is a complex and expensive procedure well beyond the reach of the average mash-up artist. First, you must identify the owner of the sound recording, a task easier said than done. The name of the rights holder may not be included in the original recording’s packaging, and as rights regularly change hands when an artist’s contract expires or when a record label is sold, any indication as to the rights holder’s identity may be out of date. Online musical databases such as AllMusic can be of some use, but in the case of older or obscure recordings, it may not be possible to locate the rights holder at all. Works where there is no identifiable rights holder are called ‘orphaned works’, and the longer the term of copyright, the more works are orphaned. Once you know who the rights holder is, you can negotiate terms for your proposed usage. Standard fees are extremely high, especially in the US, and typically discourage use. This convoluted legal culture is an anachronism in desperate need of reform: sampling has produced some of the most culturally interesting and financially valuable recordings of the past thirty years, so should be supported rather than marginalised. Unless the legal culture develops an acceptance for these practices, the associated financial and cultural benefits for society will not be realised. The irony is that there is already a successful model for simplifying licensing. If a musician wishes to record a cover version of a song, then royalty terms are set by law and there is no need to seek permission. In this case, the lawmakers have recognised the social and cultural benefit of cover versions and created a workable solution to the permissions problem. There is no logical reason why a similar system could not be put in place for sampling. Alternatives to Traditional Copyright Copyright, in its default structure, is a disabling force. It says that you may not do anything with my work without my permission and forces creators wishing to make a derivative work to contact me in order to obtain that permission in writing. This ‘permissions society’ has become the norm, but it is clear that it is not beneficial to society to hide away so much of our culture behind copyright, far beyond the reach of the individual creator. Fortunately there are fast-growing alternatives which simplify whilst encouraging creativity. Creative Commons is a global movement started by academic lawyers in the US who thought to write a set of more flexible copyright licences for creative works. These licenses enable creators to precisely tailor restrictions imposed on subsequent users of their work, prompting the tag-line ‘some rights reserved’ Creators decide if they will allow redistribution, commercial or non-commercial re-use, or require attribution, and can combine these permissions in whichever way they see fit. They may also choose to authorise others to sample their works. Built upon the foundation of copyright law, Creative Commons licences now apply to some 53 million works world-wide (Doctorow), and operate in over 60 jurisdictions. Their success is testament to the fact that collaboration and sharing is a fundamental part of human nature, and treating cultural output as property to be locked away goes against the grain for many people. Creative Commons are now also helping scientists to share not just the results of their research, but also data and samples so that others can easily replicate experiments and verify or refute results. They have thus created Science Commons in an attempt to free up data and resources from unnecessary private control. Scientists have been sharing their work via personal Web pages and other Websites for many years, and additional tools which allow them to benefit from network effects are to be welcomed. Another example of functioning alternative practices is the Remix Commons, a grassroots network spreading across the UK that facilitates artistic collaboration. Their Website is a forum for exchange of cultural materials, providing a space for creators to both locate and present work for possible remixing. Any artistic practice which can reasonably be rendered online is welcomed in their broad church. The network’s rapid expansion is in part attributable to its developers’ understanding of the need for tangible, practicable examples of a social movement, as embodied by their ‘free culture’ workshops. Collaboration, Copyright and the Future There has never been a better time to collaborate. The Internet is providing us with ways to work together that were unimaginable even just a decade ago, and high broadband penetration means that exchanging large amounts of data is not only feasible, but also getting easier and easier. It is possible now to work with other artists, writers and scientists around the world without ever physically meeting. The idea that the Internet may one day contain the sum of human knowledge is to underestimate its potential. The Internet is not just a repository, it is a mechanism for new discoveries, for expanding our knowledge, and for making links between people that would previously have been impossible. Copyright law has, in general, failed to keep up with the amazing progress shown by technology and human ingenuity. It is time that the lawmakers learnt how to collaborate with the collaborators in order to bring copyright up to date. References Apple. “Rip. Mix. Burn.” Advertisement. 28 April 2006 http://www.theapplecollection.com/Collection/AppleMovies/mov/concert_144a.html>. Benkler, Yochai. Coase’s Penguin. Yale Law School, 1 Dec. 2002. 14 April 2006 http://www.benkler.org/CoasesPenguin.html>. ———. The Wealth of Nations. New Haven: Yape UP, 2006. Bromberg & Sunstein LLP. Flowchart for Determining when US Copyrights in Fixed Works Expire. 14 Apr. 2006 http://www.bromsun.com/practices/copyright-portfolio-development/flowchart.htm>. DJ Food. Raiding the 20th Century. 14 April 2006 http://www.ubu.com/sound/dj_food.html>. Doctorow, Cory. “Yahoo Finds 53 Million Creative Commons Licensed Works Online.” BoingBoing 5 Oct. 2005. 14 April 2006 http://www.boingboing.net/2005/10/05/yahoo_finds_53_milli.html>. Miller, Paul D. Rhythm Science. Cambridge, Mass.: MIT Press, 2004. Padfield, Tim. “Duration of Copyright.” The National Archives. 14 Apr. 2006 http://www.kingston.ac.uk/library/copyright/documents/DurationofCopyright FlowchartbyTimPadfieldofTheNationalArchives_002.pdf>. Wikipedia. “Collaboration.” 14 April 2006 http://en.wikipedia.org/wiki/Collaboration>. ———. “Wikipedia Statistics.” 14 April 2006 http://en.wikipedia.org/wiki/Special:Statistics>. Citation reference for this article MLA Style Charman, Suw, and Michael Holloway. "Copyright in a Collaborative Age." M/C Journal 9.2 (2006). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0605/02-charmanholloway.php>. APA Style Charman, S., and M. Holloway. (May 2006) "Copyright in a Collaborative Age," M/C Journal, 9(2). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0605/02-charmanholloway.php>.