Equity calls for contracts to be honoured during mourning

16 Sep 2022

Employers that cancel productions during the mourning period should honour contracts with workers, performers' union Equity has said.

In issuing guidance for members working in live performance during the mourning period, Equity said that because venues and event organisers are not obliged to cancel events/performances, the period of national mourning cannot be treated as "force majeure" - whereby one or both parties are excused from a contract because of circumstances beyond their control.

"Therefore, contracts should be honoured except where both parties agree otherwise," the union said.

Equity added that as the day of the funeral will be a bank holiday, members who are required to work should check the terms of their contracts carefully to establish if further payments will be due to them for working on a public holiday.

Former Turner Contemporary worker wins redundancy tribunal

outside of Turner Contemporary
05 Sep 2022

A tribunal rules the former staff member, who worked on a zero hours contract for ten years, was eligible for redundancy as her job role and relationship with the gallery matched that of an employee.

Theatre faces sex discrimination claim

Carnegie Theatre and Arts Centre in Workington, Cumbria
24 Aug 2022

A sex discrimination case relating to redundancy of theatre worker in December 2020 is given the green light by a judge to proceed to a full hearing.

Scottish museum faces calls to return totem pole

18 Aug 2022

The National Museum of Scotland is being urged to return a totem pole, stolen from Canada nearly 100 years ago, to a delegation of First Nations leaders.

The pole was removed from a sacred “house group” in the Nisga’a Nation in 1929 by Marius Barbeau, a Canadian ethnographer and anthropologist who sold it to the Scottish museum. Hand-carved in the 1860s, it depicts the story of Ts’wawit, a Nisga’a’ warrior killed in conflict.

Barbeau, who conducted fieldwork beginning in the 1910s, has been criticised for inaccurately portraying indigenous cultures.

The repatriation of the object is in line with the 2007 United Nations Declaration on the Rights of Indigenous People, signed by the United Kingdom, as well as with the provisions for repatriation laid out in the Nisga’a Treaty, which came into effect in 2000.

If the museum agrees to repatriate the artefact, it will be the second totem pole repatriated to Canada from a European museum. The Haisla G’psgolox pole was returned to Canada from Sweden’s Museum of Ethnography in 2006.

The delegation, which consists of the Nisga’a Nation Chief Earl Stephens, Amy Parent and Shawna McKay, will meet museum officials next week.

“This will be the first time in living memory that members of the House of Ni’isjoohl will be able to see the memorial pole with our own eyes,” Stephens said. “This visit will be deeply emotional for us all.”

Police warn of rise in heritage crime

17 Aug 2022

Some of Britain’s historical artefacts are at risk of being lost forever amid a rising wave of heritage crime, a senior police officer has warned.

Assistant Chief Constable Rachel Nolan told the Telegraph that thieves are increasingly targeting churches and other historic sites around the UK, confident they can steal valuables or raw materials undetected amid shrinking congregations and waning interest in local historical sites.

Nolan, who was appointed national policing lead on heritage crime two years ago, said that police receive very little intelligence about crimes against historic buildings and monuments, in contrast to other crimes such as antisocial behaviour.

She warned that public "antipathy” towards the protection of heritage assets is worsening the problem and said that the scale of heritage crime is hard to judge because it is often unreported.

A total of 16 churches were targeted by thieves in July and previous research has found that nearly 20% of listed buildings were physically affected by crime in the space of a year.

“I think the thing to remember with heritage crime is that some of the things that are targeted are literally priceless,” she said.

“I think we should not necessarily judge the individual objects, just looking at how we can protect them and keep the country’s stories alive.”

Legal ruling raises prospect of huge savings for museums 

The interior of the Laing Art Gallery in Newcastle
15 Aug 2022

Calls for government body that sets business rates for museums and galleries to review its methodology following latest legal defeat on the issue.

Repatriation: Museums must be 'transparent' about collections

A room at the British Museum
11 Aug 2022

Fresh guidance on repatriation calls for museums to tell the full stories behind their collections, including items that may have a controversial past.

Concerns data mining exemption will impact artists

02 Aug 2022

Plans to introduce a new text and data mining exception to copyright laws are “deeply concerning” the Design and Artist Copyright Society (DACS) has said.

Data and text mining, the process of extracting useful information and knowledge from data or images, is already exempt from copyright laws if it is done on a non-commercial basis. But an exception proposed by the Department for Business, Energy and Industrial Strategy will extend to commercial activities.

DACS said the move would drastically weaken copyright protections for copyright holders in the UK. The society said that is it supportive of the aim to develop AI-technologies, but added that it is vital that "our copyright framework is upheld in doing so”.

DACS provided evidence to the UK Intellectual Property Office consultation on Artificial Intelligence and Intellectual Property in January this year, which the society said clearly demonstrated the value of copyright licensing to visual artists, as well as a willingness to collaborate on developing new business models that support AI and machine learning.

It said that licensing copyright-protected works is “a vital revenue source for visual artists at all stages of their careers”.

The new development, which would apply to both commercial and non-commercial uses, “would set a concerning precedent for how copyright policy is developed, undermining not only the UK’s ‘gold standard’ copyright framework but many viable and valuable existing business models”, it added.

The CEO of DACS, Gilane Tawadros, said the rationale behind this change was to support the development of AI-driven technologies, however the reality is that it will have far-reaching detrimental consequences to UK creative workers and visual artists.

“We hope that the Department and the Intellectual Property Office will listen to our concerns and evidence and look again at how the policy objectives can be better met without undermining creators’ rights.”

Edinburgh Festival director calls for visa-free travel for artists

11 Jul 2022

The outgoing director of the Edinburgh International Festival has called on government to simplify visa to allow musicians and artists to travel overseas more smoothly.

Fergus Linehan, who directs his last international festival next month, said the UK’s post-Brexit visa rules have stifled collaboration, making it harder for British artists to tour abroad, labelling the situation a “disaster”.

He has called on government to introduce visa-free travel for artists and address logistical problems affecting companies importing touring equipment into the UK.

“Clearly, when musicians go to perform [in another country], they’re not going to set up home," he said. 

"That’s not what it’s about. So visa-free movement for people. We’re part of an ecosystem. The idea of discouraging collaboration is a disaster in our industry."

 

Who’s betting on Lottery funding?

Lottery balls
28 Jun 2022

When the Gambling Commission announced a new operator for the National Lottery, current operator Camelot went to the High Court. Will funding for the arts be affected by this dispute, asks Chris Sharratt?

Four Tet wins legal battle over streaming royalties

21 Jun 2022

Electronic artist Four Tet, whose real name is Kieran Hebden, has reached a settlement with his former label Domino Records after signing over the royalties paid when his music is downloaded or streamed.

Hedben was offered a 13.5% royalty rate for streams and downloads, the same rate applied to sales of music, rather than the 50% rate applied to licensing music. 

His deal with the record company was signed before the advent of digital downloads and music streaming services.

The musician argued that digital downloads and streaming of his music should be paid at the higher rate applied to licensing deals for movies and television, in which the record company doesn’t incur the costs associated with producing physical cassettes, vinyl or CDs.

Hebden’s legal challenge was decided out of court but could set a legal precedent for contract disputes in the music business.

In a statement on Twitter, he said that Domino Records “have recognised my original claim, that I should be paid a 50% royalty on streaming and downloads, and that they should be treated as a license rather than the same as a CD or vinyl sale”.

“Hopefully I’ve opened up a constructive dialogue and maybe prompted others to push for a fairer deal on historical contracts, written at a time when the music industry operated entirely differently,” he added.

He shared images of the settlement showing that he is due to receive £56,921.08 in respect of historical income backdated to July 2017, in addition to 5% annual interest.

Music festivals pledge to tackle sexual violence

16 May 2022

More than 100 UK music festivals have made a pledge to tackle sexual violence by creating a safe environment for audiences, performers, and staff.

Parklife, Latitude and Boardmasters are among the festivals to sign an updated charter, initially launched by the Association of Independent Festivals (AIF) in 2017.

In total, 103 festivals have signed up to the Safer Spaces at Festivals campaign, which states that all allegations of sexual harassment, assault and violence will be taken seriously, acted upon promptly and investigated. 

This is supplemented by a commitment to clear, robust reporting and disclosure procedures, including how to report incidents onsite and post event. 

Charities such as Rape Crisis England and Wales, Good Night Out and Safe Gigs for Women will provide festivals with input and guidance in shaping their policies, procedures and training.

AIF Membership & Operations Coordinator Phoebe Rodwell said: “The original Safer Spaces campaign has had a positive impact across festivals for music fans and festival staff alike. 

"Festivals are microcosms of society and sexual violence is a problem that persists in our society. Our understanding and approaches to tackling the issue are evolving all the time. 

"That’s why it’s important that we renew the Safer Spaces campaign in 2022 with up-to-date messaging, resources and practices, to prevent sexual violence and promote a survivor-led approach, helping festival organisers to fulfil their duty of care at events.”

 

MPs demand legislation to protect child performers

10 May 2022

DCMS Select Committee warns that regulatory gaps are leaving child performers at risk of exploitation.

Equity claims 'landmark' holiday-pay ruling

05 May 2022

Performers' union Equity has hailed a "landmark victory" after an employment tribunal ruled that 16 of its members had a legal right to receive holiday pay.

In an action brought through the union after the 2018 pantomime season, the tribunal ruled that the members had a legal right to receive holiday pay from QDos, now known as Crossroads Pantomimes, after it was sold to the entertainment production group Crossroads Live last year.

Crossroads Pantomimes now has to agree to provide claimants with holiday pay for the affected productions or face a remedies hearing which will enforce a settlement. 

Equity General Secretary Paul Fleming, said: “The consequences of the bravery of the Equity members in this case will send ripples through the industry. 

"Crossroads through their predecessor QDos have for many years avoided industry standards and used their powerful position to deprive our members of the pay and terms and conditions which they are due, including through tactics which the judge referred to as having a ‘potentially chilling effect’. 

"A company as big and powerful as Crossroads should be using Equity collective agreements like the overwhelming majority of major commercial producers."

Reforms may have ‘negligible’ impact on ticket fraud 

27 Apr 2022

Government reforms to prevent ticket sale scams may be insufficient to create lasting change if they are not enforced, an expert says.

The Competition and Markets Authority (CMA) is being granted new powers to enforce consumer legislation, including the ability to fine businesses 10% of their global turnover for breaking consumer protection laws.

The CMA is expected to use its new tools to combat touting and fraudulent ticket sales.

But Adam Webb, Campaign Manager at FanFair Alliance, told Access All Areas the government had failed to respond to specific recommendations submitted by the CMA eight months ago. 

Without legislation to tighten rules around secondary ticket sales, the reforms won’t guarantee lasting change, he said.

“Unless there’s a willingness to take enforcement action against rogue companies, the impact of these new powers is likely to be negligible”, he added.

National reporting centre Action Fraud estimates that ticket fraudsters duped 4,982 victims into spending £3.8m in the 2021-2022 financial year – an average loss of £750 per victim. 

Craig Mullish, Detective Chief Inspector for the City of London Police, said reports of ticket scams for festivals and sporting events rose when Covid restrictions lifted last summer and have grown further this year. 
 

Leadmill battle highlights leasehold woes

27 Apr 2022

An overwhelming lack of ownership among the UK’s independent music venues puts the future of the ecosystem at risk, advocates say. 

E-marketing in the time of GDPR

Alice - A Virtual Theme Park
27 Apr 2022

Charlie Morley unpicks how the legislation introduced to protect customer data has had unintended consequences for staying in touch with audiences.

Performers need protections from AI abuse

19 Apr 2022

Performers are increasingly losing their jobs, faces and voices to artificial intelligence, a new report claims. What can be done about it?

Court rejects Holocaust memorial

11 Apr 2022

The High Court has rejected long-disputed plans for a Holocaust memorial in Westminster.

The Department for Levelling Up, Houses and Communities said the London Historic Parks and Gardens Trust's case against the development should be dismissed, but a judge sided with the group, which argued the proposed site must legally remain a public garden.

The project had been approved last year after the government overturned Westminster Council's refusal to grant planning permission.

Olivia Marks-Waldman, Chief Executive of the Holocaust Memorial Day Trust, said: “We are surprised by the high court decision and hope that this does not preclude or overshadow the burning need for the national memorial.”

IPO eyes 'social contract' around creators' rights

11 Apr 2022

A new research project and campaign aims to improve compliance with intellectual property rights.

IPO Chief Executive Tim Moss said the office will this year investigate "how society considers intellectual property" and hopefully build a new "social contract" that better protects creators' rights.

"We need to reassess the balance of return on investment and social return," Moss told attendees at a Westminster Media Forum on Friday (April 8).

Campaigns to prevent counterfeit and illegal downloads are planned.

Moss added: "It's a massive challenge but we really do need to change attitudes around IP."

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