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Briefings

We produce regular briefings which examine the latest legal developments, regulations and case law. 

UK Copyright infringement exceptions – how the changes will affect you.

Date Posted: 15/07/2014 Author: Peter Wienand and Owen O'Rorke

As of 1 June this year, the first of five new statutory instruments governing exceptions to UK copyright infringement came into effect. The changes to the relevant sections of the Copyright Designs and Patents Act 1988 (“CDPA”) apply to works including books, photographs, music and film and have the effect of broadening the available exceptions to infringing use.

Consumer rights are changing – how will they affect you and your organisation?

Date Posted: 27/05/2014 Author: Kitty Turner

Various protections have, of course, been in place for many years in respect of how organisations must treat the consumers that they contract with. For this sector, these will include, for example, customers, members and visitors. These protections have however recently been overhauled – and expanded - through changes set out in a number of pieces of legislation.

Contested Wills: Knowledge and Approval in Brennan – v – Prior

Date Posted: 11/02/2014 Author: Adam Carvalho and Caroline Pearce

The recently reported case of Brennan v Prior provides a useful illustration of how the Courts assess claims that a testator lacked knowledge of, or did not approve, the contents of his or her Will. This briefing summarises the test the Court will apply, before turning to the facts of the case.

Changes to the requirements for contracting with your visitors, members and customers

Date Posted: 03/12/2013 Author: Kitty Turner

In this briefing we summarise the changes to consumer law due to come into force over the coming months and how they will impact on the way organisations in the cultural sector contract with their visitors, members and customers.

Update on recent and forthcoming employment law changes

Date Posted: 30/10/2013 Author: David Hunt

The Enterprise and Regulatory Reform Act (ERRA 2013) was passed on 25 April 2013, paving the way for a number of significant changes to be made to employment legislation and practice. 

Please click on the link below to see a timetable listing recent and forthcoming changes.

Employment Bulletin - June 2013

Date Posted: 21/06/2013 Author: David Smellie

In our June 2013 Employment Bulletin we summarise some of the new legislation due to come into force over the next year. Reforms include changes to the current whistleblowing regime, new tribunal fees, new employment tribunal procedural rules and the new ACAS Code of Practice on Settlement Agreements.

We also review some recent decisions from the Courts inc...

UK Supreme Court unanimously dismisses an attack on the corporate veil principle

Date Posted: 18/02/2013 Author: Kate Allass and James Price

UK Supreme Court handed down its judgment in the case of VTB Capital plc -v- Nutritek International Corp and others [2013] UKSC5.

Copyright changes

Date Posted: 31/01/2013 Author: Peter Wienand

A number of changes will be made to copyright law this year, implementing recommendations made by Professor Hargreaves in his Review of Intellectual Property and Growth, concluded in 2011 (see our previous briefing: Relevance of Hargreaves and Hoop...

Employment Team Bulletin January 2013

Date Posted: 30/01/2013 Author: Alice Cave

In this month's bulletin, we report on recent case law including European judgements on the right to manifest religion at work and a ruling by the Supreme Court that volunteers are not protected by discrimination law. We also discuss the employment law changes due to come into force later this year.

Anti-social? A guide to using social media in the workplace

Date Posted: 06/11/2012 Author: Sarah-Jane Walsh

Social media sites can be useful tools in helping a range of businesses market themselves, whether through raising the business’ profile, strengthening existing relationships with customers, or reaching a wider audience, but the use of social media by businesses and their employees can have its downsides.

Employment Bulletin - July 2012

Date Posted: 12/07/2012 Author: Gerri Hurst

In this quarter’s bulletin we examine the new government proposals contained in the Enterprise and Regulatory Reform Bill and some ongoing consultations, and consider some recent cases about redundancy and employees preparing to compete. 

Recent employment cases - July 2012

Date Posted: 12/07/2012 Author: Gerri Hurst

Here we consider the principles established by the recent cases of Packman v Fauchon and Ranson v Customer Systems plc, which deal with the definition of redundancy and employees taking steps to compete.

Museums to lose power to make exclusive deals

Date Posted: 31/01/2012 Author: Peter Wienand

Among the proposed changes to the EU Directive on re-use of public sector information (Directive 2003/98/EC – the PSI Directive) is the removal from cultural institutions of the exemptions which they have enjoyed since the Directive was adopted in 2003.  For a broader overview of open data initiatives in the UK and EU, see

UK and EU open data initiatives - legal and regulatory implications

Date Posted: 25/01/2012 Author: Peter Wienand

Both the UK Government and EU Commission have recently announced a series of open data initiatives.  The belief is that economic growth will be fuelled by freeing up restrictions on re-use of public sector information (PSI).  As detailed in this bulletin (which can be accessed below), there are various strands to these...

When is it appropriate for public collections to sell works of art?

Date Posted: 13/01/2012 Author: Julian Smith

This contentious question was the subject of a conference at the National Gallery in May 2011 that brought together the country’s leading museum professionals. Hosted by Farrer & Co as part of an annual event series, the conference included contributions from British politicians and legal advisers, as well as UK and international gallery directors, who helped put a compl...

‘The Rome Agreement’ regarding reproduction and photography of loans to exhibitions

Date Posted: 14/10/2011 Author: Anthony Misquitta

The so-called Rome Agreement came about in 1997 and represents an international accord between museums and galleries regulating the use that may be made of out-of-copyright photographs loaned between museums for the purpose of exhibition.

Heritage Group of Lawyers: Government Consultation on Gifts of Pre-Eminent Objects and Works of Art to the Nation - response

Date Posted: 21/09/2011 Author: Mike Chantler

This is the Heritage Group of Lawyers' response to the Government Consultation on Gifts of Pre-Eminent Objects and Works of Art to the Nation. The response addresses specific questions posed by the consultation and in broad terms welcomes any initiative by Government to encourage philanthropy and lifetime giving in the UK.

Planning for the Historic Environment

Date Posted: 27/10/2010 Author: Joanna Gliddon

Published on 23 March 2010, Planning Policy Statement 5 sets out government policy on plan-making for the historic environment and the assessment of heritage-related applications. 

Exempt Charities: the application of the Charities Act 1993

Date Posted: 20/10/2010 Author: Elizabeth Jones

With significant increases in regulation by the Charity Commission and their new principal regulator, what does this mean for charities with ‘Except status’? 

Sharing facilities: lease or licence?

Date Posted: 14/10/2010 Author: Shona Ferguson

When a museum chooses to share facilities or storage space with another museum, lease or licensing issues are likely to arise. 

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