Medienrecht in Deutschland :: essays research papers fc

1.  Ã‚  Ã‚  Ã‚  Ã‚  Einleitung Die folgende Hausarbeit befasst sich mit dem Urheberrechtsgesetz bzw. mit den darin enthaltenen Leistungsschutzrechten, in der Literatur auch Nachbarrechte oder verwandte Schutzrechte genannt. Die Rechte der Urheber und damit auch die Rechte der Leistungsschutzberechtigten wurden in den letzten Jahren, aktuell durch die Urheberrechtsnovelle von 2003 sukzessive ausgeweitet. Damit wurde der Durchsetzung moderner Kommunikationsmittel in allen Lebensbereichen und dem gewachsenen Gewicht der Kulturwirtschaft Rechnung getragen. Mit den Leistungsschutzrechten wird nicht der Werkschà ¶pfer geschà ¼tzt, sondern solch eine Leistung, die in einem mehr oder weniger engen Zusammenhang mit der Werkschà ¶pfung steht. Im ersten Teil meiner Arbeit werde ich die Rechte und die Leistungsschutzberechtigten charakterisieren, um dann jeweils auf die einzelnen geschà ¼tzten Gruppen und ihre Rechte einzugehen. Im weiteren Verlauf werde ich auf die Ansprà ¼che der Berechtigten eingehen, um abschließend den Blick auf die Zukunft des Urheberrechts und den damit verbundenen Leistungsschutzrechten zu richten. 2. Entstehung des Urheberrechts und der Leistungsschutzrechte Das Urheberrechtsgesetz hat sich aus dem Gesetz betreffend das Urheberrecht an Werken der Literatur und der Tonkunst (LUG) von 1901 und dem Gesetz betreffend das Urheberrecht an Werken der bildenden Kunst und Photographie (KUG) von 1907 entwickelt. Die erste Fassung des Urheberrechtsgesetzes (UrhG), wie wir es heute kennen, trat am 9.9.1966 in Kraft. In den folgenden Jahren war die Entwicklung des Urheberrechtssystems eine sehr dynamische, was sich in mehr als 20 konsolidierten Fassungen bis zum heutigen Tag niedergeschlagen hat. Die letzte große Änderung des UrhG war die Urheberrechtnovelle von 2003. Die Leistungsschutzrechte haben sich im Laufe der Entwicklung des Urheberrechts herausgebildet, und dies besonders seit der Konferenz von Rom zur Revision der Berner ÃÅ"bereinkunft, die 1928 stattfand. Es wurden immer mehr auch Leistungen als schutzbedà ¼rftig angesehen, die zwar keine Werkschà ¶pfung im Sinne des Urheberrechts darstellten, aber dennoch einer schà ¶pferischen Tà ¤tigkeit entsprangen. Besonderen Auftrieb fà ¼r die Gesetzgebungsarbeit an Leistungsschutzrechten gab das Internationale Abkommen à ¼ber den Schutz der ausà ¼benden Kà ¼nstler, der Hersteller von Tontrà ¤gern und der Sendeunternehmen, das sogenannte Rom-Abkommen vom 26.10.1961. Hierbei muss beachtet werden, dass es kein Leistungsschutzrecht im Sinne eines umfassenden oder einheitlichen Rechts gibt, vielmehr handelt es sich um die Summe einzelner, getrennt abtretbarer Befugnisse. 3. Charakterisierung der Rechte und der Leistungsschutzberechtigten Die Auswahl der Leistungsschutzberechtigten scheint mehr oder weniger willkà ¼rlich. Nur die  §Ã‚ § 71, 73, 81 UrhG sehen vor, dass ein urheberrechtlich schutzfà ¤higes Werk verwertet wird. Die à ¼brigen Leistungsschutzrechte haben zwar hà ¤ufig, jedoch nicht unbedingt die Verwertung einer Werkschà ¶pfung zum Gegenstand. Auch die durch die  §Ã‚ § 70 ff. geschà ¼tzten Leistungen unterschieden sich: Werden durch die  §Ã‚ § 73 ff.

Advertising Strategy of Coca-Cola

What is advertisement? Advertisement is Paid, non-personal, public communication about causes, goods and services, ideas, organizations, people, and places, through means such as direct mail, telephone, print, radio, television, and internet. Objective of advertisement are to inform, persuade and motivate potential customers, but also has a strategic significance for the company’s image in whole or brand the product belongs. Advertisement strategies are varying among the regions. The types of advertisement used in a region are depending on its culture, norms, religion, tradition and language.The advertisement that are used in Western and Asia is very different in every aspect. I will take Coca-Cola to compare strategies of advertisement that have been used in western and Asia. In Asian countries Coca-Cola’s strategy is mostly depend on entertainment and youths. But in Western countries the strategy is a bit different. They try to promote the drink is healthy and safe to drink. Even Coca-Cola has introduced Diet Coke to attract people in Western country. The Western people more take care about their health compare to Asians.So they have to show the drink is suitable for a healthy lifestyle. Another important aspect of Coca-Cola Company’s advertisement in Western countries is they like to use woman and sex element. Most of their advertisements are with sexy ladies who are models or actresses holding the drink or holding it in their hand. In Western countries it is very normal to promote a product in this way. But in Asian countries it is very hard to do such advertisement because most countries have strict regulations and very religious.Asian countries give importance to cultural values and they are against sex elements in advertisement. Coca-Cola’s advertisement in Asian countries gives importance to youths and youngsters. They advertisement normally shows that they will get new energy after drink it. They will so energetic and can do things without getting tired. But in Western countries they give importance to all. Even they use children also in advertisement to attract them to drink Coca-Cola. The company give equal importance to adults also.The Coca-Cola’s advertisement in Asia also gives importance to Asian festivals and celebration. For every festival and celebration like Chinese New Year, Independence Day, Christmas and so on Coca-Cola will introduce new advertisement to promote their product. Sometimes they insert the cultural values in these advertisements. But in Western countries the situation is very different. Cultural values of Asians and Western people are very different. So large companies like Coca-Cola have to differentiate their advertisement according to region to survive and lead the market.

Occurrence at Owl Creek Bridge - 1127 Words

Out of all the stories I have read in class so far, An Occurrence at Owl Creek Bridge by Ambrose Bierce, has touched me most. When I first began reading the story I felt as though I was not interested, because my assumptions of what the story was going to be about were completely different than the stories actual content. As I set aside my judgment and let myself try to enjoy the story, I found myself anxiously reading to the bitter end. This story was not only interesting and unique, but also had an added twist at the end, which surprised most readers. Depending on how observant the reader is with picking up on foreshadowing and symbolic meaning, one may realize before the final sentences that Peyton Farquar was not actually escaping†¦show more content†¦My home, thank God, is as yet outside their lines; my wife and little ones are still beyond the invaders farthest advance. Peyton shows signs of denial in this segment by presenting the possibility of escaping which is highly improbable at this point. An example of anger would be when the author says, To die of hanging at the bottom of a river!--the idea seemed to him ludicrous. To be hanged and drowned, he thought, that is not so bad; but I do not wish to be shot. No; I will not be shot; that is not fair. As Peyton begins hallucinating, he expresses anger that he might actually be shot now that he has escaped the hanging. An instance of depression strikes when the author says, By nightfall he was fatigued, footsore, famished. His neck was in pain and lifting his hand to it found it horribly swollen. He is exhausted and disoriented. Even the stars look different and He was sure they were arranged in some order which had a secret and malign significance. This shows clear signs of his struggle coming to an end, leading him into a depression that rationalizes his impossible survival. Falling into acceptance occurs when he feels as if he had Â…recovered from a deliriumÂ… and he sees his hom e,Â…all bright and beautiful At the bottom of the steps she stands waiting, with a smile of ineffable joy, an attitude of matchless grace and dignity. Ah, how beautiful she is! He springsShow MoreRelatedAn Occurrence At Owl Creek Bridge857 Words   |  4 PagesAmbrose Bierce’s short story â€Å"An Occurrence at Owl Creek Bridge† is a story about a man’s final moments on earth before he is hanged and how he got there. There is a struggle within the character Farquhar of who he is and who he thinks he is. This causes different views throughout the story between reality and a fantasized reality. This plays a big role in the story because in part three of the story he thinks he is far superior and had outwitted his captures and escaped without a scratch after theRead MoreAn Occurrence at Owl Creek Bridge1100 Words   |  5 PagesAn Occurrence at Owl Creek Bridge, written by Ambrose Bierce in 1890-1891, depicts an antiwar motif of the American Civil War. Bierce uses dramatic irony, descriptive imagery and the theme of time. The war was fought from 1861 to 1865 after seven Southern slave states declared their secession and formed the Confederate States of America, also known as the â€Å"Confederacy† or the â€Å"South.† The remaining states were known as the â€Å"Union† or the â€Å"North.† The war’s origin was the issue of slavery, especiallyRead MoreAn Occurrence At Owl Creek Bridge1288 Words   |  6 Pagesâ€Å"him†, the narrator is speaking in third person. Because the narrator s knowledge is limited to one character, the story is written from a limited omniscient point of view. â€Å"An Occurrence At Owl Creek Bridge† is split into three sections. At the beginning of the story, the narrator states, â€Å"A man stood upon a railroad bridge in northern Alabama . . . a rope closely encircled his neck† (Bierce). Immediately, the reader knows the protagonist is about to be hang ed and the story is taking place in northernRead MoreAn Occurrence At Owl Creek Bridge1065 Words   |  5 PagesBrianna Toddy Mrs. Neil DC Language Arts 3 Period 2 18 November 2015 6. Is â€Å"An Occurrence at Owl Creek Bridge,† commercial fiction whose sole purpose is to entertain, or is it a serious piece of art, yielding real insights into important aspects of life? Make a careful examination of plot as you pose your response. An Art Piece Called Life What would happen if you suddenly ran out of time: no longer able to tell someone you love them, unable to feel a lover’s embrace, or to feel the touch of a child’sRead MoreAn Occurrence At Owl Creek Bridge1338 Words   |  6 Pagesshort story, â€Å"An Occurrence at Owl Creek Bridge,† illustrates a theme of illusion versus reality distorted by the human mind. In the story, a man named Peyton Farquhar is about to be hanged on a railroad bridge towards the end of the American Civil War. Farquhar, a Confederate citizen eager to help the Confederate States of America’s cause, ventures out towards Owl Creek Bridge at the advice of a Union scout in disguise. Unbeknownst to Farquhar, Union troops captured the bridge and surrounding territoryRead MoreAn Occurrence At Owl Creek Bridge1485 Words   |  6 PagesFor my literary analysis I chose to analyze Ambrose Bierce’s short story â€Å"An Occurrence at Owl Creek Bridge.† The short story was publis hed in one of Bierce’s most famous and best works, â€Å"The Tales of Soldiers and Civilians.† It was a story based on some experiences from Bierce’s service in the Civil War. In Ambrose Bierce’s short story, â€Å"An Occurrence at Owl Creek Bridge†, Bierce uses characters, the setting, and Farquhar’s hallucination to show the inhumanities of war and why it should be endedRead MoreAn Occurrence At Owl Creek Bridge2025 Words   |  9 PagesAmbrose Bierce’s â€Å"An Occurrence at Owl Creek Bridge† does not follow the typical conventions of a plot-heavy story. The sequence of events initially appears minuscule: a supporter of the Confederacy named Peyton Farquhar is persuaded to attempt a sabotage of a Federal troop stronghold by a Northern scout in disguise, he is hanged, and in his final few moments of life hallucinates escaping his current situation and returning home. However, Bierce bolsters this lack of plot points with det ailed descriptionsRead More An Occurrence at Owl Creek Bridge Essay560 Words   |  3 Pages à ¢Ã¢â€š ¬Ã…“An Occurrence at Owl Creek Bridgeà ¢Ã¢â€š ¬? Ambrose Bierce weaves a tale of intrigue and captivation, by using shifts of voice and time in the story à ¢Ã¢â€š ¬Ã…“An Occurrence at Owl Creek Bridgeà ¢Ã¢â€š ¬?. In the first four paragraphs, Bierce begins the story using third person, and in this point of view, he creates reality. We can view the situation and all aspects while it is written in third person; we know precisely what is going on, we know it is real. Near the end of the fourth paragraph, the author shifts cleverlyRead More Occurrence at Owl Creek Bridge Essay885 Words   |  4 Pages â€Å"An Occurrence at Owl Creek Bridge†, to me was about a man swindled into being killed. Before you die, your whole life flashes before your eyes. But for this man, it was not his life, but what could’ve happened instead of him dying being played out in his mind. Peyton Farquhar was a slave owner from Alabama that highly supported the south. The story started out with Farquhar standing on the edge of the bridge all tied up 20 or so feet above the swift moving river. There were soldiers posted allRead MoreAnalysis Of An Occurrence At Owl Creek Bridge762 Words   |  4 PagesThe Not So Sturdy Structure of Owl Creek Bridge In An Occurrence at Owl Creek Bridge by Ambrose Bierce Peyton Farquhar is being hanged for a war crime of telling a federal scout his idea to burn down the Owl Creek Bridge during the civil war. In an ironic twist, he is being hanged on the very bridge, he wanted to burn down. During the second part of the story we learn about Peyton and his wife. Then, in the third part of the story we jump back to the original setting of the story. Farquhar is falling

Dual Relationships Within The Mental Health Field

In the mental health field, dual relationships can often be damaging to both the client and the therapist. There are several situations where dual relationships, whether considered ethical or not, affect the course of treatment for the client, and the personal lives of therapists. Although some forms of dual or multiple relationships are unavoidable, engaging in a personal relationship between patient and client always involves the possibility of skewing therapeutic results. Dual relationships are defined as having relations with the client outside of therapy, and in most cases it is considered to be unethical. There are four main types of dual relationships including professional, social, business, and sexual. A professional dual†¦show more content†¦Once a therapist enters into a dual relationship with their clients, feelings of mistrust, unhealthy attachment, and exploitation are common. In a survey conducted by the Journal of Consulting and Clinical Psychology, a group o f various females who admitted to having sexual contact with their therapists/ psychiatrists were interviewed and given a questionnaire to measure their self-esteem, depression, attitudes, and psychosomatic/psychological assumptions. The results showed that the women ranging from ages 26-45 developed a strong mistrust and anger toward these health care professionals (Feldman-Summers Jones, 1984). This study demonstrated how much influence a therapist has on their client and shows that the bond between therapist and client is delicate and needs to be treated with both respect and understanding. â€Å"Sexual boundary violations are considered the most serious ethical infraction in the mental health profession, as well as in higher education and pastoral counseling. Recognized as unethical due to the power imbalance inherent in the structure of the therapist-patient and teacher-student dyads, erotic contact between therapists and patients has been revealed in prevalence studies to o ccur at an unacceptably high incidence rate (9 to 12 per cent) among mental health practitioners† (Czlenza, 2007). The imbalance of power when there is a sexual relationship present can be extremely damaging to

Sibling Relationships And Kinship - 750 Words

Sibling relationships can greatly alter and shape ones character as they grow up alongside their brother or sister. A strong relationship with a sibling can lead to a lifetime of companionship that develops from a shared childhood and kinship group. In Cultural Anthropology A Toolkit For A Global Age, Kenneth J. Guest defines kinship as, â€Å"a system of meaning and power that cultures create to determine who is related to whom and to define their mutual expectations, rights, and responsibilities† (Guest 2016, 236). Kinship is what defines the relationships and responsibilities one has to others in their families, and these relationships can greatly shape one’s character over time. By interviewing Christina Frederking, the younger of two†¦show more content†¦Kinship develops relationship meanings and responsibilities, and for Christina and her sister, one of those responsibilities is to help each other be the best they could be. Sibling relationships also tend to promote common interests as Christine discussed in regards to video games. Christine stated that her sister would always play video games which introduced her to them at a young age. Christina stated that over time gaming became â€Å"a good bonding opportunity.† Sibling relationships, like all other relationships, can be strengthened by common interests and Christina experienced that bond with her sister. In addition, Christina’s strong bond with her sister reflected the set of responsibilities held within their kinship. Christina and her sister both felt that they should help one another, which is why Christina helped her sister develop social skills and her sister helped Christina make well-rounded decisions. Similarly, the book, The Anthropology of Sibling Relations, claims that there are three modes of establishing and maintaining sibling relationships: shared parenthood, experience, and exchanged care (Carsten 2013, 13). Christina’s relationship with her sister reflects how exchanged care is knitted into sibling relationships. In her kinship group, her and her sister both felt the urge to care for and help one another. Different kinships hold different responsibilities to oneShow MoreRelatedLiterature Through The Use Of Ethnographies1389 Words   |  6 PagesUndoing Kinship which explores the meaning of Kinship and further, how it is understood and exercised in different cultures. It is through this text that we, as readers, and others, as Anthropologists, begin to question our own knowledge of Kinship and review these viewpoints in aid of a wider Anthropological conversation. Undoing Kinship focuses on how kinship is formed, maintained and equally removed. Its reference to new reproductive technologies (NTRs) provokes an exploration of kinship in detailRead MoreFamily Of Origin : Family814 Words   |  4 Pagespertinent information regarding the kinship caregiver’s childhood experiences. Include how the kinship caregiver was disciplined as a child and if they believe it to be excessive or abusive. When did the kinship caregiver leave home and under what conditions? What is the current relationship with parents and siblings, including frequency of contact and quality of relationship? Previous relationships: Include discussions of previous significant relationships as well as all prior marriages. IncludeRead MoreBiological And Non Biological Relationships988 Words   |  4 Pagesall societies are what form kinships. Whether one has been raised in a biological family or non-biological family, kinship means one is still oriented to the family they have. In a story where two babies were born in the same hospital, they were switched at birth. These two women grew up in non-biological families; nonetheless consider their non-biological family a family as if they were biological kinships. There are many disagreements whether non-biological kinships are actually real families.Read MoreThe Best Family Values Policy Platform Essay1603 Words   |  7 Pagesassistant for a candidate running for U.S. senate, I have been assigned the task to help my candidate write the best family values policy platform he can. To accomplish this goal, I have interviewed one participant, ni neteen-year-old Brandon, about his kinship system. This will help me gather information on the social issues of a family and family values. To give you a quick introduction, Brandon is my boyfriend and someone who I have known for almost a year. I am quite familiar with his family. BrandonRead MoreChild Welfare And The Foster Care System Essay1623 Words   |  7 Pageswent back up. Child welfare advocates say the foster care system is in need of changes so that children spend less time in foster placements America’s child welfare systems needs an improvement. Some children in care will be separated from their siblings. Others will be transitioned from one foster care placement to another, never knowing where to call home. Too many children will be further abused in systems that are supposed to protect them. And instead of being safely reunified with their familiesRead MorePreconceived Notions of Western-Europe1165 Words   |  5 PagesWestern-European forms of kinship and s ocietal relations influence anthropological studies of kinship in different cultures (Schneider). Morgan theorized that a sexual relationship between female and male constituted marriage. In addition to this, Morgan considered the biological reproduction of offspring the key determinant in kinship classification as parents of said offspring. This paradigm has influenced the viewpoint of anthropologists’ studying other forms of kinship in different cultures. RatherRead MoreFamily As A Social Institution Of People927 Words   |  4 Pagesand growing up we all wanted to be raised in a peaceful, happy and secure family with loving parents who will be there for us no matter what physically and mentally able to provide for the family where we will be always welcomed by our parents and siblings alike and heard and respected all the time. Sociologist define the family as an intimate, domestic and primary group, a social institution of people related to one another by blood or adopti on with legal ties, it have three important social functions:Read MoreKinship Rules And Kinship Terms1037 Words   |  5 PagesAccording to Ide (1989: 229), kinship terms could be used by interlocutors as an effective strategy to express politeness. Brown and Levison (1987) also have the same opinion, noting that kinship terms could be used as politeness markers because they constitute â€Å"in-group identity markers†. In Vietnamese daily communication, kinship terms are not only restricted within the framework of nuclear families, such as â€Å"bá »â€˜ má º ¹Ã¢â‚¬  (parents), â€Å"anh† (elder brother), â€Å"chá »â€¹Ã¢â‚¬  (elder sister), but also varies in a veryRead MoreHuman Centered Images And Its Impact On Social Media958 Words   |  4 Pagesparticular. Beyond face detection and face recognition, which have been extensively studied over the past decade, perhaps the most interesting aspect related to human-centered images is the relationship of people i n the image. In this work, we focus on a novel solution to the latter problem, in particular the kin relationships. To this end, we constructed two databases: the first one named UB KinFace Ver2.0, which consists of images of children, their young parents and old parents, and the second one namedRead MoreThe Musuo Of Chin Matrilineal Kinship902 Words   |  4 PagesThe Musuo of China: Matrilineal Kinship The practice of matrilineal kinship is considered a myth by some cultures, but it is indeed very real for the Musuo of China. Matrilineality is the practice of linear descent through the ancestry of females. Many Western civilizations have a misconception of what is considered normal on a global scale, but many practices do, in fact, differ widely between different cultures. To illustrate this, the Musuo’s traditions and values in regards to marriage and family

Dynamic Security Free Essays

This session will help you with; POP Describe the physical, dynamic and procedural security considerations in a custodial environment CEDI Evaluate the need for security and control in a custodial environment Objectives C]III students will be able to; C]State what is meant by the term ‘Dynamic Sec rite’ C]Discuss the type of information that could be gained from Prison intelligence Comes students will be able to; C]List the benefits of a good prison regime Recap on Physical Security C]What is the difference between an Open or Closed orison in terms of security? Licensed is completely locked C]Open allows prisoners out for work/weekend home visits Estate the difference between a Category A prisoner and a Category D prisoner C]Category A – Pose threat to society, maximum security, crimes such as murder, rape or terrorism. Logicality D – Can be trusted in open conditions and sometime allowed out. Low risk. We will write a custom essay sample on Dynamic Security or any similar topic only for you Order Now What does dynamic security mean? Surveillance – Covert and overt Clientà ¨le’s gathering L]Monitoring everyday activities Prison definition of Dynamic Sec rite C] The process of looking for patterns n intelligence, close monitoring of gang members, sharing of information, close relationships with external agencies and partnerships to share intelligence, along with tackling the drug and violence issues. Areas for concern C]Visits – family or solicitors Commitment of prisoners for work, education, C]Mail – outgoing and incoming Phone calls monitored Group work Consider what information can be gathered from monitoring prisoners in these areas; C]Visits C]Movement of prisoners for work, education, Phone calls Question Elf you were sent to prison what would be your biggest concern? How to cite Dynamic Security, Papers

Shareholders Concise Corporations Law †MyAssignmenthelp.com

Question: Discuss about the Shareholders Concise Corporations Law. Answer: Introduction: The shareholders of the company have the explicit right of sharing the profits or the earnings of the company and this sharing is done through the dividend being paid to them (Cassidy, 2006). There are certain conditions laid down in section 254T of the Corporations Act, 2001(Cth), as per which the dividend is not to be paid till the assets exceed liabilities before the dividend is declared and where this excess is sufficient for payment of dividend without prejudicially affecting the companys capability of paying off the creditors (WIPO, 2015). Section 254W(2) of this act provides that the company may or may not pay the dividends (Austlii, 2017). Section 232 of this act provides that where the business of the company is being conducted in a manner which unfairly discriminates, or is oppressive in any capacity, particularly when this conduct is contrary to the interests of the members, then based on this section an application can be made to the court, where the court, based on section 233 of this act can undertake different actions to reverse or remedy such oppressive conduct (Boyle, 2002). Section 233 of this act provides that where an oppressive conduct is established, the court can make an order of winding up, regulate the company affairs, ask the directors or the company to purchase the shares, to change the constitution of the company, to order to do a particular act or to refrain from doing so based on discretion of the court, restrain a person from undertaking explicit behaviour or actions; authorizing an individual to transmit the shares by law or by will, and for the company to discontinue certain proceedings (Victor ian Law Reform Commission, 2017). In Wambo Coal Pty Ltd v Sumiseki Materials Co Ltd [2014] NSWCA 326 it was held that failure to pay the mandatory dividend could amount to oppressive conduct (Launders, Hogan and Randall, 2014). However, in Thomas v H W Thomas Ltd (1984) 1 NZLR 686 the court presented three conditions which had to be satisfied in order for an oppressive remedy to be allowed. So, there is a need to show that the purpose or the objective of the conducted act was to result in a condition which had been oppressive, unduly discriminatory and unjustly prejudicial; the reasonable expectations which the parties had were not met; and lastly, the use of the remedy under the pertinent sections is equitable and just (New Zealand Official Law Reports, 2017). As has already been explained, giving the dividend is a choice of the directors based on section 254W(2). Hence, Galli had the choice of giving the dividend or not giving the same. However, applying the case of Wambo Coal Pty Ltd v Sumiseki Materials Co Ltd, the failure of paying the dividend would be deemed as an oppressive conduct. But one key thing in this point is that this was not a mandatory dividend which was a requirement of this case. Further, applying the three conditions presented down in the case of Thomas v H W Thomas Ltd, the purpose of this conduct was not oppressive, but just to retain the earnings for developing the vineyard; this was not unduly discriminatory or prejudicial or oppressive as A Class shares had to be issued at discretion. And lastly, the remedies under section 233, if given here, would be unjust as there was no oppressive conduct. Stating that the shares were not paid as some of the plaintiffs were deemed as lazy and undeserving does not amount to opp ressive conduct, till the same can be conclusively establishe Buyback of shares refers to the shares of the company being repurchased by the company where the stock of the company is reacquired by them (Gibson and Fraser, 2014). The buyback of shares is advantageous for the company particular when the share prices of the company are undervalued. It also helps in increasing the ownership of the company and reducing the dilution (Latimer, 2012). It enhances the financial ratios of the company, for instance the Return of Equity, the Return on Asset and the Earnings Per Share (Kandarpa, 2016). Another benefit is that in case litigation is raised pursuant to section 232-233, buying back the shares could become mandatory for the company by court order, and if the same is done before the matter reaches court, the costs of litigation can be saved (ICNL, 2017). In Australia, the Corporations Act and the Australian Securities and Investments Commission, i.e., ASIC provide the rules and regulations for buyback of shares. Pt 2J.1 of this act, particularly its Division 2 covers the buyback provisions where the procedure which the companies need to adopt, along with the required information to be disclosed to the shareholders is covered (Federal Register of Legislation, 2017). Section 257A explicitly covers the details which have to be disclosed and Regulatory Guide 75 of the ASIC provides that an independent experts report is required for the share valuation (ASIC, 2007). In the given case study, buyback would help in avoiding the liabilities which the company would have to face in case, somehow, the oppressive conduct case is deemed as successful. So, apart from the advantages stated above, this is the key point which should lead Maria and Nick Gallii to buy back the shares. And in this regard, the provisions stated above have to be followed. The independent expert report is amongst the requirements stated above. The reduction of share capital refers to the procedure whereby the shareholder equity in the company is reduced, in the methods which have been prescribed under the law (Dagwell, Wines and Lambert, 2015). This not only helps in increasing the value of the shareholders but also produces a capital structure which is more efficient (Nanda, 2015). The company can reduce its share capital only when it is deemed as fair and reasonable for shareholders in entirety, it would prejudicially affect the repayment to creditors and it has been approved by the shareholders of the company, pursuant to section 256C of this act. The capital of the company can also be reduced by adopting section 245J to 254K where the redeemable preference shares are redeemed; by buying back the shares pursuant to section 257A; and by prescribing the share capital reduction in form of cancelling the forfeited shares based on section 258A to section 258F (ASIC, 2014). Under section 254Y of this act, there is a need to f ile an application to the ASIC in Form 484 within a period of one month of share cancellation, clearly providing the details of the shares which have been cancelled (Australian Government, 2013). In this regard, the company can opt for cancellation of the A Class shares and in this regard, they would need the consent of the shareholders of the company and would have to show that the capital reduction is fair, would not prejudicial to the ability of company to repay the creditors and would follow the procedure laid down under Corporations Act. Conclusion Hence, the company should opt for share cancellation so that no disputes arise for the company in future and also, because the same would have the approval of the shareholders. References ASIC. (2007) Share buy-backs. [Online] ASIC. Available from: https://download.asic.gov.au/media/1240127/rg110.pdf [Accessed on: 01/10/17] ASIC. (2014) Reduction in share capital. [Online] ASIC. Available from: https://asic.gov.au/for-business/running-a-company/shares/reduction-in-share-capital/ [Accessed on: 01/10/17] Austlii. (2017) Corporations Act 2001. [Online] Austlii. Available from: https://www6.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ca2001172/ definitions [Accessed on: 01/10/17] Australian Government. (2013) Corporations Act 2001. [Online] Australian Government. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 01/10/17] Boyle, A.J. (2002) Minority Shareholders Remedies. Cambridge, UK: The Press Syndicate of the University of Cambridge. Cassidy, J. (2006) Concise Corporations Law. 5th ed. NSW: The Federation Press. Dagwell, R., Wines, G., and Lambert, C. (2015) Corporate Accounting in Australia. NSW: Pearson Australia. Gibson, A., and Fraser, D. (2014) Business Law 2014. 8th ed. Melbourne, Pearson Education Australia. Federal Register of Legislation. (2017) Corporations Act 2001. [Online] Federal Register of Legislation. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 01/10/17] ICNL. (2017) Corporations Act 2001. [Online] ICNL. 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