In an attempt to strike a fair balance between rights of copyright holders and the public interest in the dissemination of intellectual works, the copyright law has established exceptions to the exclusive rights granted to creators. However, doubts concerning the applicability of these exceptions have raised discussions about whether the use of copyrighted materials in documentaries qualifies as a fair dealing or other exception to copyright, uncertainties that lead producers to use only duly authorized materials in order to avoid possible claims. This thesis analyzes the copyright exceptions set out in the Canadian law and their applicability to protected materials inserted in documentaries. This thesis suggests that the legislation should be modified in order to help producers to identify situations in which those exceptions would be applicable to protected materials included in documentaries and to avoid over protective copyright rights that may restrain the production and dissemination of documentary films.

In an attempt to strike a fair balance between rights of copyright holders and the public interest in the dissemination of intellectual works, the copyright law has established exceptions to the exclusive rights granted to creators. However, doubts concerning the applicability of these exceptions have raised discussions about whether the use of copyrighted materials in documentaries qualifies as a fair dealing or other exception to copyright, uncertainties that lead producers to use only duly authorized materials in order to avoid possible claims. This thesis analyzes the copyright exceptions set out in the Canadian law and their applicability to protected materials inserted in documentaries. This thesis suggests that the legislation should be modified in order to help producers to identify situations in which those exceptions would be applicable to protected materials included in documentaries and to avoid over protective copyright rights that may restrain the production and dissemination of documentary films.

Slotting allowance is a kind of additional charge that manufacturers pay to retailers in order to obtain shelf space. As the retailers¡¦ market power becomes greater, the slotting allowance has become more and more common in the retail grocery industry in recent years. This thesis constructs a channel which consists of two competing manufacturers and a common dealing retailer. The retailer is modeled as the leader, and the manufacturers are modeled as the followers. We use a two-stage game theory to analyze the economics effects of slotting allowance and charging slotting allowance with price discount promotion on channel competition. Under certain assumptions we find out that the valorem slotting allowance is beneficial to market price efficiency and consumers¡¦welfare. And charging slotting allowance with price discount promotion has had no impact.

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This thesis will address the cultural aspects, which manifest themselves during a business meeting of two or more parties.

This thesis examines the non-cash compensation paid to the underwriters/brokers during the flotation process and the IPO when-issued dealing market in one of the most successful and international stock exchanges around the world, the London Stock Exchange (LSE). The thesis consists of three essays that try to answer the following questions: Do IPO firms minimise their costs of going public by issuing warrants to their financial advisers? Does the when-issued dealing affect the setting of the offer price? The first essay examines the issue of warrants to brokers as part of their compensation package in non-underwritten offerings on the Alternative Investment Market of the LSE. The main finding is that IPO firms are able to make efficient decisions and choose the contract that minimises their costs. For companies that issue warrants to their brokers the total costs of going public are 22.74% (as a percentage of gross proceeds), but would have been 25.61% had they not issued them. This 2.87% reduction in costs is equivalent to 70.34% of the commission paid to the brokers by the IPO firms. The main source of this decrease in the costs is the lower underpricing the companies incur by granting warrants to their brokers. The second essay examines the use of non-cash compensation in underwritten IPOs. The findings suggest that firms that are cash constrained are more likely to issue warrants to their underwriters. In addition, underwriters appear to have the ability to time the issue of warrants because they include them as part of their compensation package when the market is doing well. Interestingly, warrant issuers are still able to minimise their costs of going public even under a very light regulatory setting underlying the use of non-cash compensation. The third essay examines the when-issued dealing in the Main Market of the LSE for an extensive period of time, 1996 to 2012. The main finding is that, in an institutional setting in which the when-issued dealing commences only after the allocation of shares and the offer price are announced, investors pay ‘rents’ to the underwriters in order to acquire IPO shares that will trade within the when-issued dealing. These ‘rents’ take the form of a higher offer price. In other words the when-issued dealing affects the setting of the offer price. For companies that have a when issued dealing the offer price is £3.4 but would have been 54% lower (£1.55) had these firms not had a when issued dealing.

The concept of ‘social supply’ has emerged as a term used both in the UK, and internationally, to describe drug distribution that is non-commercially motivated and almost exclusively found between friends and acquaintances. Social suppliers have increasingly been presented as actors who are qualitatively different to drug dealers (proper), in relation to their motivation and their activity. As a result, they have increasingly become identified as a group who should be distinguished as such legally (Police Foundation, 2000; Release, 2009). While social supply behaviours can be identified in wider research literature relating to recreational drug use, there is a relative gap in regard to in-depth accounts of social supply activity, and in regard to a social supply definition. In a similar way, heroin and crack cocaine user-dealers - a group who are also perhaps not best understood as profit motivated suppliers - have received insufficient academic attention, with the majority of research references failing to go beyond typologies that recognise them simply as suppliers who also use. With research indicating that social supply permeates a meaningful section of adolescent and adult drug markets, along with evidence to suggest that drug supply embodies one of limited options for addicted drug users to fund their habit, this thesis explores how far we can understand these behaviours as drug dealing (proper). Using qualitative in-depth interviews and case studies, this interpretivist research design develops existing ideas, as well as highlighting emergent social supply and user-dealing themes. Findings from this research indicate that social supply behaviours are usefully understood through a theoretical application of ‘normalisation’ (Parker et al., 1998) and ‘drift’ (Matza, 1964) and are wider in scope than those currently recognised by the literature base. The research findings also indicate the importance of the notion of ‘economies of scale’ - an incentive for drug users to obtain a larger quantity of substance for a cheaper price. Notions of reciprocity also feature, with group obligation providing a rationale for involvement in social supply. The findings are also suggestive of the idea that user-dealing - understood through the theoretical gaze of Bourdieu’s ‘Theory of Practice’ (1990) - is characterised by limited distribution, minimal profit and explicated as a less harmful option than other crimes undertaken to fund drug dependence. This thesis concludes with the proposal that a conceptual shift towards ‘minimally commercial supply’ offers a more realistic and inclusive means of conceptualising both social supply and user-dealing activity. Possible ways forward therefore include the implementation of this term as a distinct offence that focuses on intent, thereby presenting a more proportionate approach than current policy responses for these groups allow.

Insider trading on the JSE can be linked, directly or indirectly, to the reputation of the South African financial market. The regulation thereof is essential and a non-negotiable requirement for the successful attraction and retention of investment flows. Inadequacies associated with the regulatory framework regulating insider trading, the onus of proof in a criminal trial and the lack of civil remedies associated with insider trading as a form of market abuse, motivates a critical analysis into the regulatory framework on insider trading in South Africa. The aim of this study is therefore to identify international best practice principles to fill the gap in South Africa’s regulatory framework. This gap relates to the practical application and execution of legislative and other instruments in order to combat insider trading as a form of market abuse. A further aim focuses on the simultaneous development of the legislation relating to financial markets in conjunction with developments in the economy. A final aim is to determine whether and how South Africa can improve its current legislative dispensation on insider trading. In order to arrive at the aim of the study the historical development on the regulation of insider trading is discussed. A critical analysis of the relevant insider trading sections in the Securities Services Act 36 of 2004 is compared with the corresponding sections of the Financial Markets Act 19 of 2012. A discussion on the roles, duties and authority of the Financial Services Board, the Directorate of Market Abuse and the Enforcement Committee will assist in analysing these organisations' contribution in regulating insider trading in South Africa. A look into the application of other regulatory instruments including the JSE’s Code of Conduct is required. In order to determine whether and how South Africa can improve its current legislative dispensation on insider trading, a comparative study is conducted with Hong Kong. It is submitted that the South African regulatory framework on insider trading has to be revised in order to align with international best practice principles and to promote transparency of the JSE, promote investor confidence and ensure justice for all. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015

Insider trading on the JSE can be linked, directly or indirectly, to the reputation of the South African financial market. The regulation thereof is essential and a non-negotiable requirement for the successful attraction and retention of investment flows. Inadequacies associated with the regulatory framework regulating insider trading, the onus of proof in a criminal trial and the lack of civil remedies associated with insider trading as a form of market abuse, motivates a critical analysis into the regulatory framework on insider trading in South Africa. The aim of this study is therefore to identify international best practice principles to fill the gap in South Africa’s regulatory framework. This gap relates to the practical application and execution of legislative and other instruments in order to combat insider trading as a form of market abuse. A further aim focuses on the simultaneous development of the legislation relating to financial markets in conjunction with developments in the economy. A final aim is to determine whether and how South Africa can improve its current legislative dispensation on insider trading. In order to arrive at the aim of the study the historical development on the regulation of insider trading is discussed. A critical analysis of the relevant insider trading sections in the Securities Services Act 36 of 2004 is compared with the corresponding sections of the Financial Markets Act 19 of 2012. A discussion on the roles, duties and authority of the Financial Services Board, the Directorate of Market Abuse and the Enforcement Committee will assist in analysing these organisations' contribution in regulating insider trading in South Africa. A look into the application of other regulatory instruments including the JSE’s Code of Conduct is required. In order to determine whether and how South Africa can improve its current legislative dispensation on insider trading, a comparative study is conducted with Hong Kong. It is submitted that the South African regulatory framework on insider trading has to be revised in order to align with international best practice principles and to promote transparency of the JSE, promote investor confidence and ensure justice for all. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015

Les exceptions au droit d’auteur sont une série de situations où il est retranché aux droits exclusifs de l’auteur, alors même que leur définition devrait conduire ceux-ci à s’appliquer. Les exceptions révèlent la philosophie d’un système de droit d’auteur ou de copyright. Le droit d’auteur français prévoit un ensemble fermé d’exceptions spécifiques, énumérées de façon expresse et exhaustive par la loi. Elles sont d’interprétation stricte par le juge. La présente thèse s’intéresse à ce système français d’exceptions, à ses imperfections et s’attache à rechercher de potentiels axes d’amélioration. Alors que la copie privée concentre souvent l’attention des commentateurs, il semble utile de s’intéresser à l’autre versant des exceptions, les exceptions à usage public qui, parce qu’elles réalisent la communication de l’œuvre au public, portent une atteinte assez directe au monopole. Le législateur français est appelé, lorsqu’il entend créer une exception, à exercer une « balance des intérêts » assez peu étudiée par la doctrine française. La première partie de cette thèse est consacrée à cette balance des intérêts législative, et à l’écart entre ce qu’elle devrait être, idéalement, et ce que les derniers travaux législatifs laissent paraître de sa réalité. Le second temps de l’étude se concentre sur la mise en œuvre des exceptions. Leur application classique, d’abord, qui fait appel à la fonction d’interprétation des textes par le juge dans ce qu’elle a de plus traditionnel. Mais également, ensuite, une nouvelle forme de mise en œuvre, qui a fait irruption sous l’ère numérique : la régulation des exceptions. Ce phénomène englobe la garantie des exceptions contre les mesures techniques de protection, ainsi que l’application du « test des trois étapes » par le juge. / Exceptions to copyright (or author’s right) are a set of situations which cut off into the exclusive rights of the author, whereas their definition should lead these to apply. Exceptions reveal the philosophy of a system of author’s right or copyright. French “droit d’auteur” provides for a closed set of purpose-specific exceptions, expressly and exhaustively listed in the law. They are construed strictly by the judge. The present thesis studies this French system of exceptions, its imperfections and looks for potential areas of improvement. While private copying usually concentrates the observers’ attention and comments, it seems useful to insist upon the other side of exceptions, the exceptions for public use, which, since they carry out the communication of the work to the public, encroach quite directly the authors’ privilege. When he envisions to create an exception, the French legislator is expected to exercise a “balance of interests” rarely studied by French doctrine. The first part of this thesis is devoted to this legislative balance of interests, and to the gap existing between what it should ideally be, and what the latest legislative works let appear of its reality. The second part of the study focuses on the implementation of exceptions. Firstly, their classical application, which conveys the function of texts interpretation by the judge in its most traditional features. Secondly, a new form of implementation, which appeared with the digital world: the regulation of exceptions. This phenomenon encompasses the safeguard of exceptions against protection of technological measures, as well as the application of the “three-step-test” by the judge.