British Museum settles legal case with translator

10 Aug 2023

The British Museum has settled a court case after acknowledging it used the work of a translator without permission or payment and then wrongly removed it.

Vancouver-based writer, poet and translator Yilin Wang agreed to settle her copyright infringement claim against the museum for an undisclosed sum.

Wang will also be fully credited in all exhibition materials and future copies of the catalogue will include her contribution.

According to the Art Newspaper, Wang plans to donate 50% or more of the total settlement “to support translators of Sinophone poetry”. 

“I hope my donations can help fund a series of workshops with a focus on feminist, queer and decolonial approaches to translation, in honour of Qiu Jin,” Wang said.

As part of the settlement, the British Museum will be reviewing its permissions policy.

A statement from the institution says the review of its permission process will “ensure that there is a timely and robust methodology underpinning our clearance work and our crediting of contributors going forward”.

The museum says it will complete its review by the end of this year and will “implement appropriate policies and procedures to address any gaps identified in its review”.

The statement also acknowledges the museum does not currently have a policy for specifically addressing the clearance of translations, which Wang said was “surprising” for such a large institution.

“I hope that the British Museum follows through on their commitment to create a clearance process for translations in the future by the end of this year and to take concrete steps to ensure that the mistake does not happen again,” Wang added.

Events industry: Ensuring crowd safety 'increasingly difficult'

image of crowd at a live music event
14 Jul 2023

Concerns raised over lack of government support to improve live event safety in the wake of tragic crush at Brixton Academy, as national effort to ensure audiences are kept safe begins.

British Museum faces copyright infringement claim

Exterior view of the British Museum
11 Jul 2023

Crowd Justice campaign by Vancouver-based poet and translator Yilin Wang successfully reaches target to initiate court proceedings against British Museum.

Do the arts nurture hostile environments?

Image of Denise Fahmy
10 Jul 2023

Are the arts as liberal, tolerant and inclusive as we’d like to think? Or is the sector authoritarian, stifled by group-think and given to indulging the odd witch-hunt? asks Denise Fahmy.

ACE harassment claim upheld as victimisation claims dismissed

Denise Fahmy at the #SaveWomensSports rally in Hyde Park, London.
28 Jun 2023

Court rejects allegations of harassment and victimisation by former employee who voiced gender critical beliefs. But two further instances of harassment are upheld against ACE, leading to a further hearing to award damages.

British Museum to pay translator after plagiarism allegation

26 Jun 2023

The British Museum has offered to pay translator Yilin Wang for her work, after she alleged her poetry translations had been plagiarised.

Last week, the museum removed a segment of its China’s Hidden Century exhibition after the writer said she received neither credit nor payment for her translations of work by Chinese revolutionary Qiu Jin.

The museum said that it had issued an apology for the “unintentional human error” and had “offered financial payment for the period the translations appeared in the exhibition, as well as for the continued use of quotations from their translations in the exhibition catalogue”. 

The museum described the matter as “an inadvertent mistake”. It has offered Wang payment in line with its usual rates, The Guardian reported.

Museum staff spent years working on the exhibition, which includes 300 objects and research from more than 100 scholars from 14 countries. Some staff and curators were subject to “unacceptable” attacks on social media and through emails after the plagiarism allegations, the museum claims.

“We stand behind our colleagues fully and request those responsible for these personal attacks to desist as we work with Yilin Wang to resolve the issues they have raised concerning the use of their translations within the exhibition,” it said.

Academics who have previously worked with the museum have written to express their concern, including Julia Lovell, Professor of Modern Chinese History and Literature at Birkbeck University and one of the principal researchers of the exhibition, who said she was “in full sympathy with Ms Wang’s anger”. 

“It was a genuinely accidental, unmalicious human error amid a very complex project, for which the British Museum have apologised profusely and sincerely, and sought to make amends,” she said.

In a statement on Twitter, Wang said that the museum had told her it would not be reinstating her translations in the exhibition. Her work is acknowledged in the exhibition’s catalogue.

The impact of AI on the music industry

Black music sheet background with orange drawn musical notes
19 Jun 2023

Far from freeing musicians or aiding their creativity, artificial intelligence could have a devasting impact on jobs and opportunities, writes Stuart Darke.

Equity moves to support performers facing 'AI threat'

voice over artist working in a studio. image depicts a man wearing headphones, speaking into a microphone while doing work on his computer
08 Jun 2023

Equity says new resources will educate performers on their legal rights, and calls for government to take urgent action to regulate the use of artificial intelligence.

Government rules out secondary ticketing legislation

16 May 2023

The UK government has published a response to the Competition and Markets Authority’s (CMA) recommendations on secondary ticketing, ruling out legislative changes for the time being. 

The CMA called for stronger laws to tackle illegal ticket reselling in August 2021, publishing a comprehensive report on the secondary market. 

The authority called for changes including a ban on platforms allowing resellers to sell more tickets than they are legally allowed to buy from the primary market, holding platforms accountable for incorrect information about tickets listed on their websites and a new licencing system for platforms that sell secondary tickets.

The UK government’s response, penned by MP Kevin Hollinrake, Parliamentary Under Secretary of State within the Department of Business and Trade, formally rejects the proposals.

“The government believes in the power of competitive markets to give consumers choice and flexibility,” Hollinrake’s response said. 

“This applies to both the primary and secondary markets in event tickets. Consumers should have the ability to sell on tickets they no longer want or able to use and therefore need a market for resale.”

The government response cited the “massive disruption” to the event industry caused by the Covid-19 pandemic as hindering a detailed assessment of the impact of current trading standards and CMA enforcement work.

It also stressed the responsibility of buyers to make careful decisions when purchasing tickets from the secondary market.

The response said that it is “too soon” to establish whether futher legislation focused on the secondary ticket market is “the only way forward”, concluding that “to propose further legislation in the sector at this stage is not yet appropriate or justified by the available evidence”.

It added that improvements to other aspects of consumer law, published in response to the 2021 consultation, would be the government’s priority in the immediate future, “rather than changes to the secondary ticketing regime specifically”.
 

Musician served abatement notice for 'practicing at home'

Musician Fiona Fey holding a guitar
12 May 2023

Petition launched by instrumentalist to 'protect the rights of musicians to practice' tops 19,000 after she is served a noise abatement notice by Lewisham Council.

Petition to prevent Brixton Academy closure tops 50,000

02 May 2023

A petition to save the O2 Academy Brixton from permanent closure has topped 50,000 signatures. 

The venue’s licence was suspended after two people died during a crush outside the building ahead of a performance by singer Asake in December last year. Eight others were hospitalised.

The petition was started after the Met Police said it was seeking for the licence to be permanently revoked.

Created by Stuart O’Brien and directed to Lambeth Council, it said that the venue’s closure would result in “another part of the musical landscape and history” being “lost forever”.

It suggested means of ensuring that the tragedy wasn’t repeated, including revoking the security firm’s licence and bringing in security recommended by police.

The petition has been supported by musicians and bands including The Chemical Brothers and Garbage, the BBC reported.

“Brixton Academy is such an important and historic venue for south London and live music,” tweeted Primal Scream's bassist Simone Butler. “There is a police station literally opposite, surely with new management / infrastructure + security it can be improved? Instead of just shutting it down?”

The licence application is currently in a consultation period, after which a decision will be made at a council sub-committee.

In the weeks following the crush, concerns had been raised over the strength of the venue’s doors, as well as staffing levels.

The medical cover provider confirmed recently that no paramedics or nurses were present and only five people were working when the crush occurred.

Industry guidelines recommend twice the number of medical staff, including a paramedic and a nurse.

Academy Music Group (AMG), which runs the venue, said that it had co-operated fully with the police and Lambeth Council and had presented “detailed proposals that we believe will enable the venue to reopen safely”.

The group is currently awaiting feedback on its proposals, it added.
 

Ownership of Benin Bronzes transferred to royal ruler

02 May 2023

The ongoing negotiations surrounding the restitution of the Benin Bronzes from European museums may be complicated by the Nigerian government’s decision to officially recognise the Oba of Benin as their owner, it has been suggested.

The transfer of ownership of the artefacts, which were looted in the 19th Century, was announced via a Presidential Declaration made in March.

The proposed law states that “all artefacts must be delivered to the Oba of Benin who exercises the rights of original owner. This covers the ones already repatriated and those yet to be repatriated,” a report on the Arise news website said. 

“For many Edo people, it is right and proper that such objects go back to the Oba as they were looted from his great-great-grandfather,” Barnaby Phillips, author of Loot: Britain and the Benin Bronzes, told the Art Newspaper.

But he said the decision had caused confusion among European museums currently negotiating deals with Nigeria’s National Commission for Museums and Monuments (NCMM). The organisation itself was also “blindsided” by the transfer of ownership, he added.

The NCMM is responsible for coordinating restitution efforts with Western institutions. 

Godwin Obaseki, the local Edo State governor, has backed plans to house the bronzes in the Edo Museum of Western African Art, due to open in stages from next year, but Oba wants the bronzes to be held by his family in a royal museum or palace, the Art Newspaper reported.
 

EXCLUSIVE: Guildhall settles legal case with acclaimed conductor

20 Apr 2023

An employment tribunal was due to consider claims relating to unfair dismissal, breach of contract and protections under whistleblowing legislation next week.

EXCLUSIVE: Performing arts school 'institutionally racist', report finds

The Liverpool Institute for Performing Arts building
21 Mar 2023

A performing arts school co-founded by Sir Paul McCartney has been found to be 'institutionally racist' according to a report disclosed as part of an ongoing employment tribunal.

EXCLUSIVE: Mercury Prize winner makes ACE race discrimination claim

Speech Debelle pictured with the Mercury Prize award
07 Mar 2023

Award-winning musician Speech Debelle launches legal case against Arts Council England claiming race discrimination.

A paradox for George’s marbles

Elgin Marbles
01 Mar 2023

Can a solution be found to the dilemma of the Elgin/Parthenon marbles? asks William Hancock.

Union warns theatre workers about pay confidentiality clauses

01 Mar 2023

A union is urging backstage theatre workers to check their contracts for clauses that prevent them talking about their rates of pay.

Bectu said many backstage theatre contracts include such clauses, which aim to keep terms and wages confidential.

The union believes the clauses should not be included and may be used to hide unfair pay practices.

It said The Equality Act 2010, and in particular Section 77, protects "the right that employees can legally discuss their work pay with colleagues".

The legislation states that employers "should not discipline anyone for discussing their work pay" and "should not include clauses in employee contracts that prevent workers from talking about pay".

The union stressed that the law only protects employees when discussing pay for the purpose of establishing an unfair pay issue in a workplace.

Bectu Assistant National Secretary Helen Ryan said: “It’s no secret that low pay is one of the core issues driving the chronic skills shortage in the UK theatre sector.

"We want to help implement pay consistency across the industry so it’s imperative that workers aren’t wrongfully bound by clauses that prevent them from discussing their pay, or allow for disciplinary action for doing so."

She added: “Productions we have spoken to about this have overwhelmingly responded positively and removed the clause, which we hope will encourage people to call out these clauses when they see them."

 

Change to definition of 'treasure' will help museums, says Minister

21 Feb 2023

Proposed changes to the legal definition of ‘treasure’ will help museums acquire important historical items, the UK’s Arts and Heritage Minister has said.

Lord Parkinson said the changes, which would apply to the Treasure Act 1996, are needed due to the growing number of detectorists and the increase in significant finds.

Under the current definition, ‘treasure’ should be at least 300 years old and made at least in part of a precious metal, or be part of a collection of valuable objects or artefacts.

Under the proposed changes, exceptional finds would need to be at least 200 years old, regardless of the type of metal they are made of.

If a coroner assesses an artefact as being legally treasure, it can be acquired by a museum rather than sold privately.

Lord Parkinson said that although the existing Treasure Act has saved around 6,000 objects, which have been shared with more than 220 museums, the definition of treasure “is very specific”.

He added that the new law would also bring in a new test of ‘significance’, which would mean an item could be classed as treasure if it is “significant to a part of local, national or regional history, or if it's connected with a particular individual or event”.

Collection societies settle landmark legal case

15 Feb 2023

The Artists’ Collecting Society (ACS) and Design and Artists Copyright Society (DACS) have settled a legal dispute with multi-millionaire art dealer Ivor Braka.

The two collection societies commenced legal proceedings against Braka last March over unpaid resale royalties.

The case was the first of their kind brought under the Artist’s Resale Right Regulations in the UK.

A statement released on Tuesday (14 February) said the three parties had reached a settlement and now "look forward to working together to provide artists with the royalties to which they are entitled".

A DACS spokesperson told Arts Professional that as the agreement is subject to confidentiality provisions, details on what the settlement entailed were not available.

Government backtracks on controversial copyright changes

02 Feb 2023

Plans to amend copyright law to allow artificial intelligence developers to exploit protected works without the permission of creators and rightsholders have been ditched by government.

During a debate in the House of Commons today Intellectual Property Minister George Freeman said he and DCMS Minister Julia Lopez felt that the proposals were not correct and that they would “not be proceeding" with them.

The changes of policy follows opposition to the proposals from the music industry.

“We are looking to stop them and to return to office to have a rather deeper conversation with the All Party Parliamentary Group who I met yesterday, with experts in both Houses and with the industry,” Freeman said.

Commenting on the announcement, Jamie Njoku-Goodwin, Chief Executive of UK Music, said: “UK Music warmly welcomes the minister’s decision to scrap plans for a catastrophic blanket copyright exception.

“The whole music industry has been united in its opposition to these proposals, which would have paved the way for music laundering and opened up our brilliant creators and rights holders to gross exploitation.

“We are delighted to see the back of a policy that risked irreparable damage to the global success story that is the UK music industry."

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