Collective administration of copyright and neighbouring and relating rights Abstract This thesis relates to the collective administration, the reasons for its existence and development to this day. The purpose of my thesis is to describe rights and responsibilities of collecting societies in respect to other relevant legal persons and to evaluate their function with regards to the criticism among public about its abundance. Furthermore, the thesis analyses the influence of the International law and European law on the aspects of collecting societies in the legislation of the Czech Republic. The author also considers the rulings of both national courts, as well as The Court of Justice of the European Union. The thesis is divided into seven chapters. The first two chapters deal with the development of the collective administration in the world and in the Czech Republic. The third chapter is about the effective law regarding collective administration. The author discusses individual collective societies in the Czech Republic. Together with the description, thesis highlights legal issues respective society had to face. Next chapter features the individual regimes of collective administrated rights. The chapter concludes on rights and responsibilities of societies towards the right holders, rights users and the...

This thesis examines the special head of jurisdiction for contractual matters in Article 7(1) of the Brussels Ibis Regulation. Particularly, the thesis aims to establish how the concept ‘matters relating to a contract’ is understood for the purposes of Article 7(1). In applying Article 7(1), the seized court must first determine whether the contract is one for the sale of goods or for the provision of services, for which the rule provides autonomously defined places of performance in subparagraph (b). If not, the court has to identify the obligation forming the basis of the legal proceedings for the purposes of subparagraph (a). Subsequently, the court has to apply its rules of conflict of laws rules and determine the place of performance for that obligation in accordance with the designated law. As regards ‘matters relating to a contract’, this expression is the point of departure for the application of Article 7(1) and has an autonomous definition. Essentially, ‘contract’ refers to a situation in which there is an obligation freely assumed by one party towards another. The thesis examines how this definition operates to characterize claims or rights arising out of representation, assignments, pre-contractual dealings and company law. Furthermore, the thesis examines the requirement that the matter must be one ‘relating to’ a contract, with special notice to two recent CJEU cases concerning the identity of the parties to the contract vis-à-vis the parties to the dispute. In conclusion, it is submitted that the CJEU’s expansion and application of the autonomous concept of contract do not necessarily serve the objective of predictability, which ultimately risks impeding the facilitation of the sound administration of justice.

Att skaffa arbete i ett nytt land kan inte vara enkelt, för människor med utländsk bakgrund som migrerat till Sverige består ofta de första åren av någon biståndsform. Det sociala nätverket är en viktig kanal för att komma ut i arbetslivet och med tanke på problematiken med att få arbete som människor med utländsk bakgrund utan nätverk har uppsatsen som syfte med denna att undersöka på vilket sätt nätverk har haft betydelse för individerna i arbetsmarknads etableringen som kommit till Sverige från Kosovo. Undersökningsfrågorna som kommer att besvaras under arbetet är på vilket sätt har nätverk påverkat människor med utländsk bakgrunders karriärval i Sverige? Och Vilka olika typer av socialt kapital har haft betydelse i arbetsmarknadsetablering? Syfte och frågeställningar grundar sig i Milnet, Migrants Labour Networks. Detta är ett nytt forskningsprojekt som undersöker vilka former av nätverk personer från forna Jugoslavien rör sig i.Uppsatsen tar utgångspunkt i begreppen socialt samt överbryggande och anknytande kapital av Bourdieu samt Hodkinson & Sparkes brytpunkter. Vidare bygger uppsatsen på en social nätverksanalys och innehållsanalys.Några av de centrala resultaten är att informanterna har genomgått olika brytpunkter och att dessa har påverkat deras karriär på olika vis, samt att våra informanter har ett anknytande socialt kapital och börjat utveckla ett överbryggande socialt kapital. / Obtaining a job in a foreign country is not an easy task. People who have immigrated to Sweden are often dependent on government support during the first year. Therefore, social networking is an important factor in becoming a part of society and settling into the work-life. Considering how difficult it is to get a job without any connections, we have decided to examine how the social network has played a role in the lives of individuals who have immigrated from Kosovo to Sweden. Further, we will discuss how it has affected them in the labor market. The inquiry questions that will be answered in this essay are: How have social networks affected those with foreign backgrounds with their career choices and which types of social capitals have played an important role in their work establishment? The purpose and the questions of the issue are based in Milnet, Migrants Labour Networks. This is a new research project which examines the different types of networks that individuals from Yugoslavia move in. The essay has its starting point in the concepts of social together with superstructure and relating capital of Bourdieu and Hodkinson & Sparkes. Further, this essay is based on social network analysis, as well as content analysis. Some of the main results are that the informants have undergone different inflection points and that these have affected their careers in various ways. Further, the results have shown that our informants have a relating social capital and have started to develop an overworked social capital.

This thesis critically examines a national programme in mental health which has been driven by the implementation of National Institute of Health and Clinical Excellence (NICE) guidance. Assumptions which underpin research method, drawn from the natural sciences, are critiqued in terms of their adequacy in accounting for human relating and expert therapeutic practice. The work of Dreyfus and Dreyfus (1986) is problematized in how they account for proficiency and expertise as intuition and the leap that they make from calculative to deliberative rationality. An alternative source of understanding, based on non-linear causality and complex responsive processes, is developed, building on the work of Stacey (2001, 2005, 2007). The ineffability of expert practice (or clinical judgement) is contrasted with competence based, rule governed practice, which necessarily underpins the early stages of learning. It is argued that because research practices undertaken in randomised controlled trials (RCTs) must be describable, measurable and focussed on predictable outcomes, then these cannot account for expert practice, therefore the assertion that the Improving Access to Psychological Therapies programme (IAPT) is wholly based on research based, evidence based therapies, cannot be substantiated. The work explores professionalism and specifically considers the role of psychiatrists, psychologists and psychological therapists in mental health and in increasing access to psychological therapies. The role of managers and managerialism are explored, specifically how the NHS has sought to manage 3 professional staff and multi-disciplinary teams in adopting corporate and new ways of working (NWW). This includes the importance of and difficulty in countering professional identity using competence based approaches. The performance management processes in the NHS are recognised as an equally relevant source of evidence (to that of NICE), despite there being a poor (traditional) evidence base for it (Stacey, 2010; Seddon, 2008). Power relating in human relationships is identified as immanent, using the context of a management group, and it is argued that Foucault’s concept of disciplinary power (1994) can account for what is considered to be knowledge and truth, drawing on specialist expertise based on science and research, with a forceful potential for rendering others silent as well as pervasively self-silencing, in processes of inclusion and exclusion (Elias, 1978). It is argued that these on-going processes of relating influence policy decisions at national and local levels and how these policies are implemented in practice. The inevitability of unpredictable outcomes is highlighted, despite strong centralised programme management along with the provision of an explicit blueprint for implementation.

<p>This report is the result of the course, Environment and Development in the South, at University of Södertörn in Stockholm, Sweden. The report is about “new tourism” especially community-based tourism (CBT) and socio-cultural aspects relating to tourism. It is based on a literature study and a three weeks field course in Babati district in Northern Tanzania. The aim of this study is to describe how host peoples (communities) get affected especially, socio-culturally, by tourism. The aim is also to describe new tourism (especially CBT). A case-study of a Swedish student excursion to Babati is used as an example of how it affects a community (especially socio-cultural aspects) and if it qualifies as CBT.</p><p>The theory of the study is based on sustainable development (especially socio-cultural aspects) supported by the rules of World Tourism Organization (WTO) and United Nation Environmental Program (UNEP). The theory is connected to the principles of CBT and used in the analysis to judge if the Swedish student excursion qualifies as CBT.</p><p>The results show that the Swedish student excursion is in line with important principles of CBT, and therefore also in line with sustainable local development in some way. The major advantage with the excursion is the cross-cultural learning and the major problem is jealousness of benefit sharing according to the interviews done.</p>

Increasingly, researchers on strategy are turning away from the highly abstracted and de-humanized components that seem to typify the macro approach to strategy. This movement is at least partially brought about by a philosophical recognition that the emergent and unpredictable nature of organizational life is fast exposing the constraints of an approach to strategy that is based on the values of rationality, predictability and control. In this thesis I argue that organizational change in general and the act of strategizing in particular can be thought of as a social, transformative and emergent process as opposed to the overly orderly, rational, formative and/or humanistic views on strategy presented by systemically oriented theorists. I draw on the theory of complex responsive processes of relating as espoused by Stacey, Griffin and Shaw (2000) and specifically on Stacey’s (2003, 2007) substantial contribution to the field of strategic management. By utilizing a reflexive research methodology I describe the arduous social and emergent process of transformation in my practice and identity (observable in subtle changes in disposition, language and assumptions) as I begin to act into the understanding of strategizing as an ongoing, incomplete, social process. In doing this, I am suggesting that the narrated accounts of our shifts in practice due to us knowing differently are important contributions in the process of transforming our theories on and beliefs around strategy. These accounts should not be seen as premature attempts at methodological frameworks, but rather as explorative participation in the emergent transformation of a radical, social approach to strategizing. I engage critically with the notion of strategy-as-practice and suggest a review of the fundamentally rational and formative assumptions still prevalent in the work of researchers like Johnson, Melin and Whittington (2003) and Samra- Fredericks (2003). Whilst acknowledging the role of culturally mediated dispositions in the ongoing transformation of organizations advocated by Chia and Holt (2006) and Chia and MacKay (2007), I argue for the paradoxical and therefore simultaneous occurrence of habitual and mindful actions by people strategizing as opposed to the authors’ suggestion of a predominantly mindless experience of organizational change. Finally, I turn to Stacey’s (2007) question as to why people continue to make long-term forecasts if their usefulness is so obviously limited. Whilst understanding his frustration, I argue that there is value nevertheless in engaging in strategy making albeit not for the rationalist reasons usually stated. In my view the real value of strategising is to be found in two areas: first in the social activity that goes into creating these documents, and second: the documents not only serve as markers in an ongoing process of strategising; they also give us a way of ‘going on’ and taking the next step.

My original contribution to theory and practice formulates management consultancy as a social act evolving within interaction with clients whereby identity, as an emerging process, can form and be formed within consultant-client relationships. Drawing on Stacey's work on complex responsive process thinking, I have described a reflexive, social self, highlighting the implications for management consultants of this open-ended responsiveness of identity formation. Within the prevailing management literature there is a sense that consultants design interventions that change organisations, whether through working on leadership development, executive coaching, providing expertise or facilitating organisational change. As part of my original contribution I pick up on the emotional, relational and occasionally messy nature of consulting, which is frequently overlooked in the literature. My research into the emergence of intentions and the formation of identity within consultant-client relationships analyses my work as a researcher-practitioner working within large financial service organisations through a variety of consulting projects. The inquiry examines my professional practice, researched through a social, iterative and temporal method centring on reflexive, narrative inquiries. I illuminate the fundamental conversational nature of consultant-client relationships; challenging the view of consulting as a transaction whereby the consultant provides a service, withdrawing relatively unchanged. I postulate consulting as a series of conversations with interdependent people wherein emerging themes organise new ways of relating and novelty evolves. Drawing on Elias' process sociology I extrapolate the fundamental interdependence of consultant-client relationships; conceptualising management consulting from a complex responsive processes way of relating. I challenge the notion of intention as located in the individual; an independent, disembodied, thought before action predicated on an 'if-then' notion of causality, underpinned by an assumption of human beings as autonomous and rational. I develop the work of Joas arguing that intentions are emerging, social and embodied; a theme organising conversations. In particular I detail how strong emotions and embodiment occur in those arresting moments, where experiences of inclusion and exclusion, can alert the consultant to new ways of relating. My inquiry has highlighted the significance for management consultants of realising the fundamentally social nature of human interaction and the importance of responsiveness in the living present. With reference to Mead's view of conversation as a pattern of gesture/ response I highlight the consultant-client relationship as co-created and therefore not to be ordered by the consultant who can, nevertheless, pick up on and influence new patterns of relating as they evolve.

This doctoral dissertation proposes a fuller, more inclusive account of practice than that which dominates current discourse on organizations, which typically turns upon occupations, professions and jobs as manifestations of publicly recognized roles or functions within organized activity, established as a function of prescribed divisions of labour and the application of skills and techniques, and assumes that people interact in the ways that their assigned roles and functions are planned to work as interrelated parts of a shared task. The approach here is a reflexive process akin to what Lévi-Strauss characterizes as ‘bricolage’, using ready-to-hand materials linking narrative, literature and argument, adding pieces iteratively in an open-ended building process over the course of the dissertation. The reflexive process entails (a) the act of writing narratives (derived from the author’s own management experiences in the private, public and voluntary sectors) so as to produce insights and themes of interest in relation to the broader theme of practice; and (b) readings of certain key works of the literature on organizations and organized activity (including Sarbin and Allen, Denzin, Wiley, Collins, Elias, Mead, Habermas, Stacey and Mintzberg) so as to expose practice-related themes relevant to the construction of an alternative account which proposes the following: (1) Practice in organizations is communicative in nature and entails the enactment of roles. Conventionally, enactment is taken to mean that the role-incumbent meets expectations set by decision-makers and premised on conformity to preset structures within a metaphorical organizational space. In an alternative account of practice, however, enactment can be more accurately framed as a dialectical process of co-emergence of role and organization by virtue of the local social interaction of the persons involved. (2) In active life the mutually-exclusive emergent process and the spatial organizational metaphor necessarily co-exist. Reframing role enactment opens a path to new understanding, such that role enactment and practice thus become problematized in that practitioners can be seen as holding a paradoxical position of some considerable relevance to practice. Today’s predominantly objectivist management thinking primarily stresses accountability for the communicative interaction of others within the organizational space. The reflexive processual approach contests the adequacy and exclusivity of this position, because managing as an emergent practice is more comprehensively communicative and open-ended. (3) The co-presence of both the objectivist and emergent accounts thus requires the manager paradoxically to hold both these views of role and organization at the same time in his or her experiences of managing. As paradox cannot be resolved, it is instead taken up by the manager-practitioner by virtue of the reflexivity central to all processes of communicative interaction. (4) It follows that acknowledging processes of enactment and the centrality of reflexivity in the practice of managing and bringing that to the attention of managers and management educators will enhance how managing sophisticated cooperation is understood and carried out.

This thesis examines my experience of leading leadership development. During the last three years I have been researching my role as Head of Leadership and Organisational Development at the University of Hertfordshire (UH), with a view to making sense of and rethinking leadership and approaches to leadership development more generally. This thesis considers how my own thinking and practice has changed and developed as a consequence of paying attention to and reflecting on personal experience, whilst at the same time locating my sense-making in the broader academic scholarship. Narrative accounts of the significant incidents and interactions that I have participated in during the past three years have been shared verbally with the participants on the programmes that I lead, and explored more extensively in written form with colleagues in the learning community on the Doctorate in Management (DMan) programme at UH, as a means of intensifying my sense-making and its generalisability to a community of engaged enquirers. My research was prompted by disillusionment with the dominant discourse on leadership and leadership development based as it is on theories, frameworks, tools and techniques that privilege a form of autonomous, instrumental rationality and deceptive certainty that did not reflect the social, non-linear, uncertain day-to-day realities faced by me and the managers with whom I worked. In this thesis, I draw on my experiences as a manager, leader of leadership development, and a student of leadership development, to problematise the mainstream managerialist conceptions of leadership and organisation that are now part of the organisational habitus (Bourdieu, 1977) in the UK. The rise and naturalisation of managerialist ideology across the private, public, and charitable sectors in the UK makes it an inordinately difficult perspective to contest without risking some form of exclusion. I contend that my experience of attempting to encourage radical doubt and enquiry rather than the mindless acceptance and application of conventional wisdom contributes to knowledge in the field of leadership and organisational development by providing insight into and an alternative way of thinking about and practising leadership and leadership development. In contesting dominant conceptions, I proffer a more reality congruent alternative to mainstream thought. I draw on the perspective of complex responsive processes of relating (Stacey et al, 2000, Griffin, 2002, Shaw, 2002), critical management studies (Alvesson and Willmott, 1996), social constructionism (Berger et al, 1966), and other thinkers critical of managerialist conceptions of leadership and leadership education (Khurana, 2007) to explore leadership as a social, relational activity where leaders are co-participants, albeit highly influential ones, in the ongoing patterning of relationships that constitute organisation. However, I argue that it is insufficient for management educationalists to snipe critically at managerialism from the sidelines, problematising one perspective and simply replacing it with another (Ford et al, 2007), leaving their participants ill-equipped to navigate the potentially destructive political landscape of day-to-day organisational life. While the dominant discourse on leadership and organisation is flawed, to avoid exclusion managers must still become fluent in the language and practice of managerialism, the ideology that has come to dominate the vast majority of organisational communities in which they find themselves. In this thesis, I argue that it is crucial for managers and leaders of leadership development to engage with a polyphony of perspectives, and develop the reflective and reflexive capacity to continuously explore and answer for themselves the questions who am I, and what am I doing, who are we, and what are we doing?

The problem with which this investigation is concerned is that of identifying and assessing degrees of influence of environmental conditions and actors which influenced the passage of House Bill 72 by the Texas legislature. The two methods used to collect this data were personal interviews of key actors in the legislative process and a questionnaire administered to all members of the 68th Texas legislature.