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Media and Broadcasting

Introduction

Today, the development of modern mass media and television, in particular, contributes to consistent changes in the development of the contemporary broadcasting. In this respect, it is possible to refer to the development of the broadcasting and television industry in the UK. In actuality, the development of mass media and television industry in the UK is characterized by the development of new technologies that are introduced in leading television companies, such as BBC or ITV. In fact, the development of information technologies has a particularly significant impact on the media industry and television and broadcasting companies in the UK because they contribute to consistent changes in the company-customer communication and relationship between company and customers. At this point, it is possible to refer to the example of ITV, which is one of the largest independent television companies, alternative to BBC, which is the largest public television corporation in the UK. In fact, such large corporations as ITV are vulnerable to the impact of information technologies and, what is more important, they attempt to use the full potential of e-commerce and information technologies to become closer to their target audience. On the other hand, the use of information technologies and emergence of e-commerce raises the problem of the protection of intellectual property rights of ITV and other companies operating in the media industry. Existing legal norms and regulations are not effective or they are insufficient to protect intellectual property rights and help ITV and other companies operating in the media industry of the UK to develop successfully using e-commerce and information technologies.

Industry background

Media industry in the UK, especially television, has two distinct trends. On the one hand, there are public broadcasters, such as BBC. On the other hand, there are private or independent broadcasters, such as ITV. Companies like ITV represent the commercial television and broadcasters, whose primary concerns are business development and profit. At the same time, both public and commercial broadcasters have to take into consideration needs and interests of customers, i.e. the audience. Companies operating in the media industry attempt to develop their business respectively to needs and expectations of customers. At the same time, they attempt to create the demand as they offer products that may be interesting for customers.

At this point, it is important to place emphasis on the fact that the development of media industry in the UK is vulnerable to the impact of new technologies, especially information technologies, which affect consistently not only companies operating in this industry but also on customers of media companies. In fact, the emergence of new information technologies allows companies operating in the media industry to enter online and to develop their business online. In such a way, they can become loser to customers. On the other hand, the development of business online raises the problem of the implementation of effective and reliable technologies to secure important information. In this regard, the major problems that arise along with the introduction of information technologies and new telecommunication systems in the media industry are the problem of the protection of private information of customers of media companies and the protection of the intellectual property rights of media companies.

Nevertheless, the overall progress of information technologies and internet forces media companies to develop their business online because customers use internet abundantly. Therefore, media companies have to develop their business online. Otherwise, they will lose their target audience or, at least, a part of their target audience that will move online. In such a way, media companies develop their business using information technologies and internet because they affect consistently the development of the contemporary media industry. At the same time, the growing impact of information technologies on the media industry forces companies to introduce consistent changes in technologies they use and in their business development at large.

Company background

ITV is one of the largest independent television companies in the UK. In fact, ITV was originally created in the 1950s to develop commercial television in the UK. ITV is an alternative to BBC and other public broadcasters. Unlike public broadcasters, ITV focuses on the development of its business for commercial purposes. At the same time, the creation of the company was one of the early attempts to use the commercial potential of television in the UK.

The company focuses on commercial entertainment and development of its media business involves creation and sale of media products that are interesting for customers and that make customers attracted to ITV. Today, the company is one of the largest broadcasters in the UK. In fact, ITV holds a strong position in the UK media market. Nevertheless, the company has to keep progressing to maintain its competitive position in the market because the competition in the media market keeps growing that naturally threatens to the position of ITV and other companies.

At the same time, the growing competition stimulates ITV to introduce innovations that can make products of the company more attractive for customers. Therefore, through introduction of new products and innovations, ITV attempts to gain a larger audience. The larger audience allows the company to improve its competitive position in the market. On the other hand, the further progress of ITV in the media market is closely intertwined with the introduction of technological innovations.

Business models

Today, ITV develops close company-customer relationships. The company attempts to make its products and services available to customers. The company attempts to enhance its position in the market through offering new products and services to its customers. Customers are the primary concern of the company and ITV focuses on the customer satisfaction, which helps the company to retain its customers and to develop the customer loyalty to the brand.

In this regard, it is worth mentioning the fact that the company focuses on the formation of a positive brand image. The creation of a positive brand image enhances the competitive position of ITV in the market. On the other hand, to improve the brand image, the company needs to get closer to its target customer group. This is why the company attempts to improve the company-customer communication.

The company uses information technologies and modern telecommunication systems to establish closer company-customer relationships. For instance, the company provides the customer support service and provides customers with detailed information on its programmes and projects via its official website. For instance, the company uses internet and telecommunication systems to maintain the effective communication with its customers and to increase their interest in products and services offered by ITV. ITV views new information technologies, internet and modern telecommunication systems as strategically important directions in the further development of the company.

Discussion of e-commerce

Therefore, it is obvious that ITV attempts to use internet wider. This trend is closely intertwined with the emergence of e-commerce in the contemporary business environment, which affects consistently different industries, including the media industry. The development of internet and modern telecommunication systems opens wider opportunities for the emergence of e-commerce. In such a situation, the media industry and such companies as ITV cannot stay aside of this process. Instead, they should take an active part in the development of their business online because e-commerce can enhance their competitive position. In case of ITV, the company believes that moving online the company can improve the communication with its customers and to offer new and better products and services to its customers.

On the other hand, the emergence of e-commerce raises the problem of the violation of intellectual property rights. This is particularly obvious in the media industry, where it is difficult to control sharing information and data of media companies. For instance, the emergence of social networks and telecommunication systems allow users to share information easily without the authorization from the part of owners of intellectual property rights. Even though such actions are liable to legal prosecution, there are still significant difficulties law enforcement agencies and media companies, including ITV, may face while preventing cases of the violation of intellectual property rights.

Nevertheless, the emergence of e-commerce stimulates ITV to develop its business online. This is an essential step for the company to keep pace with its major rivals and to maintain positive marketing performance. Otherwise, the company will be just out of date and, therefore, will be unable to compete successfully with its rivals that use information technologies and internet. In this regard, the company attempts to develop new products and use its online services to promote and communicate new products and services to customers. To put it more precisely, the company wanted to bring in £150m in online revenues by 2010, with at least 75% to come from online display, video and local classified advertising. Particular priority is being given to sales of individually targeted ads into online video streams (Wearden, 2007). In actuality, some of its products are available online but the company suffers from the unsanctioned and unauthorized use of its products by means of internet and other telecommunication technologies, through which products of ITV are spread among customers.

Legislation

As ITV and other media companies face the problem of the violation of intellectual property rights, it is important to dwell upon the existing legislation that regulates and protects copyright and intellectual property rights. In this regard, the Copyright, Designs and Patents Act of 1988 is the fundamental legal act regulating and defining the copyright in the UK. In fact, the Copyright, Designs and Patents Act of 1988 is the latest legal act dedicated to the problem of copyright and its regulation. Taking into consideration that the act dates back almost two decades ago, it is quite natural that the Copyright, Designs and Patents Act of 1988 is vulnerable to severe criticism from the part of specialists (Cole and Dempsey, 2002) as well as owners of copyright and intellectual property rights. Nevertheless, the Copyright, Designs and Patents Act is the major legal act regulating copyright law and norms.

The Copyright, Designs and Patents Act of 1988 gives creators of copyright material the right to control the ways in which the copyright material can be used. In this regard, it is important to lay emphasis on the fact that the copyright arises when an individual or organization creates a work and applies to the work if it is regarded as original, and exhibits a degree of labour, skill or judgment. At this point, it is worth mentioning the fact that normally the copyright attributes fully to the creator of the copyright material or work, but, in terms of contract, the work can be produced as a part of the employment. In such a situation, the copyright belongs to the individual or organization than hired the employee, who has created the copyright work. For instance, a writer can write a book for a publishing house or a singer can record an album in terms of contract with a recording company, which gives the copyright to the recording company. In such a way, the copyright is a broad concept which involves not only individuals, creators but also entire organizations.

Another important issue defined by the Copyright, Designs and Patents Act of 1988 is the duration of the copyright. For literary, musical, dramatic or artistic works the copyright term is 70 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public by authorised performance, broadcast, exhibition, etc. (UK Copyright Law: A Summary, 2010). Furthermore, the duration rights for sound records and broadcasts constitute 50 years from the end of the calendar year in which the last remaining author of the work dies, or the work is made available to the public (UK Copyright Law: A Summary, 2010). The copyright for typographical arrangements of published editions lasts for 25 years from the end of the calendar year in which the work was first published (UK Copyright Law: A Summary, 2010). The Copyright, Designs and Patents Act of 1988 refers to several types of work, including literary, dramatic, musical, artistic, typographical arrangement of published editions, sound recordings, and films (UK Copyright Law: A Summary, 2010).

Obviously, the copyright law protects owners of the copyright and creators of the copyright materials from the violation of their copyright. At the same time, the Copyright, Designs and Patents Act of 1988 raises a severe criticism from the part of specialists (Lindsey, 2003). They argue that the existing copyright law prevents individuals from free use of information available to them. In other words, the existing copyright law limits the access of individuals to information. In response to criticism, British legislators have started to develop legislative amendments which can improve the existing copyright law and introduce changes that will meet interests of both the public and the creators of copyright materials.

In this respect, a public right to copy is one of the major concerns of critics of the existing copyright law. The public right to copy implies copying for personal use solely. This implies that the copied material will be used by individuals personally for non-profit goals. In this regard, British legislators suggest making copying music from a CD to a home computer legal (Copying CDs could be made legal, 2008). In such a way, the concept of public copying right can be applied to CDs. At this point, it is quite noteworthy to point out the fact that many British agree that copying for personal use should be legal (Marson, 2006).

The emergence of information technologies, internet and modern telecommunication systems raises the problem of the violation of intellectual property rights because existing regulations are imperfect and ineffective. In fact, the under-regulation of e-business and sharing information and transmission of data via internet still cannot provide ITV and other media companies with the full range protection of their copyright and intellectual property rights. In this regard, the CDPA cannot provide the effective and adequate protection of copyright and intellectual property rights. In fact, the introduction of new technologies and devices, such as iPod, stimulates the wider sharing of music and other materials, which are subjects to the regulation of the intellectual property rights laws and the CDPA. The CDPA fails to regulate copyright and intellectual property rights in internet effectively because internet progress faster than existing legislation, while the CDPA was implemented in 1988, when internet was not fully developed.
The internet boom occurred a decade later after the introduction of the CDPA. Today, technologies have outpaced consistently the CDPA norms because modern technologies were virtually unthinkable in the time of the implementation of the CDPA. Therefore, the CDPA cannot match the current technological environment, while legislative norms are out of date. Therefore, even those amendments that have already been introduced to the CDPA cannot provide the adequate protection of intellectual property rights and copyright.

Hence, the introduction of new legal norms is essential to enhance the copyright law and protect intellectual property rights, while the CDPA suffer from technological backwardness. The introduction of the brand new law will allow media companies, such as ITV, to get the higher level of protection of their copyright and intellectual property rights and use new information technologies and telecommunication systems. In fact, the development of new regulations and legal norms in the field of copyright and intellectual property rights can minimize the risk of unauthorized use of intellectual property of ITV and other companies that will naturally enhance the overall effectiveness of e-commerce for such companies.

Conclusion

Thus, taking into account all above mentioned, it is important to place emphasis on the fact that the emergence of e-commerce opens wider opportunities for business development of companies operating in the media industry, such as ITV. ITV is a renowned and popular broadcaster in the UK that holds one the leading positions in the UK media market. At the same time, the company attempts to use information technologies and modern telecommunication systems to move online to become closer to its customers. In such a way, e-commerce helps the company to enhance its competitive position in the media market and to improve its company-customer relations and communication. On the other hand, e-commerce faces the problem of the violation of intellectual property rights and copyright. Existing legal norms and regulations, including the CDPA, fail to provide the adequate and effective protection of intellectual property rights and copyright. Therefore, new legal norms and regulations have to be implemented to improve e-commerce and to protect copyright and intellectual property rights of such companies as ITV.

8 References

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