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	<title>Arts &#38; Entertainment Law</title>
	<atom:link href="http://artsandentertainmentlaw.co.uk/feed/" rel="self" type="application/rss+xml" />
	<link>http://artsandentertainmentlaw.co.uk</link>
	<description>Legal services for the Arts and Entertainment sector.</description>
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		<title>HSE Guidance on sources of artificial light</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/07/hse-guidance-on-sources-of-artificial.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/07/hse-guidance-on-sources-of-artificial.html/#comments</comments>
		<pubDate>Mon, 26 Jul 2010 07:52:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Lighting]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=103</guid>
		<description><![CDATA[The UK is now subject to the European regulations that aim to protect workers from harm caused by exposure to hazardous sources of artificial light. Some types of light &#8211; including blue LEDs can be dangerous, especially if located close to a person&#8217;s eyes. The HSE has published general guidance for employers, and detailed guidance [...]]]></description>
			<content:encoded><![CDATA[<p>The UK is now subject to the European regulations that aim to protect workers from harm caused by exposure to hazardous sources of artificial light. Some types of light &#8211; including blue LEDs can be dangerous, especially if located close to a person&#8217;s eyes. The HSE has published general guidance for employers, and detailed guidance for the entertainment industry is expected to follow. In the mean time it would be sensible to include lighting within the standard risk assessments for productions, taking special note if blue LEDs are used without diffusers, or all other lights do not have ultraviolet filters.</p>
<p>The risks involved with the use of lasers are now well known, and installation and operation of class 3B and 4 lasers normally being the responsibility of specially trained operatives.</p>
<p>Other steps &#8211; including dimming bright lights when not needed, moving lights that are placed at eye level, and not placing bright lights near teleprompters or other monitors could all help.</p>
<p>Here, theatre law follows the standard rules, but with little call from practitioners for any special treatment.</p>
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		<title>Charity Commission reports on Arts charities Public Benefit Test</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/07/charity-commission-reports-on-arts.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/07/charity-commission-reports-on-arts.html/#comments</comments>
		<pubDate>Mon, 19 Jul 2010 09:55:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[charity]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=100</guid>
		<description><![CDATA[The Charity Commission has just published (19 July 2010) its first public benefit assessment report for arts organisations. The Charity Commission looked at four organisations, including The Royal Opera House in London, and The Castle Players, based in Barnard Castle, County Durham. The Charity Commission considered their activities, and tested whether they fulfil the current [...]]]></description>
			<content:encoded><![CDATA[<p>The Charity Commission has just published (19 July 2010) its first public benefit assessment report for arts organisations. The Charity Commission looked at four organisations, including The Royal Opera House in London, and The Castle Players, based in Barnard Castle, County Durham. The Charity Commission considered their activities, and tested whether they fulfil the current public benefit test. They noted both group’s locations, mode of operation, membership, admission prices, membership fees, level of free access (bursaries and free tickets), and level of subsidised access. The Charity Commission concluded that, taking all these factors into account, both charities complied with the public benefit test.</p>
<p>The Gwent Ballet Theatre and the Young Concert Artists Trust were also assessed. These organisations were also found to be complying with the test.</p>
<p>The report highlights the need for all charity trustees to review their current activities, in relation to their stated charitable objects.</p>
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		<title>The Equality Act 2010 – impact on voluntary sector</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/07/the-equality-act-2010-impact-on-voluntary.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/07/the-equality-act-2010-impact-on-voluntary.html/#comments</comments>
		<pubDate>Fri, 09 Jul 2010 10:58:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Age Discrimination]]></category>
		<category><![CDATA[charity]]></category>
		<category><![CDATA[Disability Discrimination]]></category>
		<category><![CDATA[discrimination]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=99</guid>
		<description><![CDATA[The Equality Act brings together and extends the UK’s equality law. Some of the key changes come into effect on 01 October 2010. The new regulations will protect those who are discriminated against because of their disability, gender reassignment, pregnancy, race, religion or belief, sex and sexual orientation. These are known as “protected characteristics”. The [...]]]></description>
			<content:encoded><![CDATA[<p>The Equality Act brings together and extends the UK’s equality law. Some of the key changes come into effect on 01 October 2010. The new regulations will protect those who are discriminated against because of their disability, gender reassignment, pregnancy, race, religion or belief, sex and sexual orientation. These are known as “protected characteristics”.</p>
<p>The new rules apply to all organisations providing goods and services to the public, including those in the voluntary sector. It also applies to private clubs and other associations of more than 25 members.</p>
<p>Under the old rules, it was difficult to understand the circumstances when positive action to help disadvantaged people would be allowed. The new rules allow service providers to take proportionate steps to help people overcome their disadvantages or to meet their needs. The new rules do not require service providers to take positive action, and there is no restriction on treating disabled people more favourably than non-disabled people. Steps can be taken to help meet the needs of people with a particular disability.</p>
<p>Associations and Clubs with 25 or more members with a membership selection process can, under the new rules, restrict their membership to people with protected characteristics but not groups defined by colour. The latest guidance on the Act suggests that an association could restrict its membership to Afro-Caribbean boys or to people of African Origin, but no to black people.</p>
<p>Charities can also, under the new rules, provide benefits only for people with a protected characteristic (but not a group defined by colour) provided that it can be justified as intended to meet a legitimate objective in a fair, balanced and reasonable way, or is fro the purpose of preventing or compensating for a disadvantage linked to that protected characteristic.</p>
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		<title>Merchandising &#8211; Glee style</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/07/merchandising-glee-style.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/07/merchandising-glee-style.html/#comments</comments>
		<pubDate>Mon, 05 Jul 2010 20:43:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[children]]></category>
		<category><![CDATA[Copyright]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=98</guid>
		<description><![CDATA[I attended the Children&#8217;s Media Conference in Sheffield last week. Over 500 delegates discussed, debated and experienced the 21st century phenomenon that is &#8220;transmedia&#8221;. From arena tour to IPhone app, the way programme producers relate to their young audiences has become more complex. Changing funding models may challenge the regulators (OFCOM have announced a consultation [...]]]></description>
			<content:encoded><![CDATA[<p><span class="Apple-style-span" style="border-collapse: collapse; font-family: arial, sans-serif; font-size: 13px;">I attended the Children&#8217;s Media Conference in Sheffield last week. Over 500 delegates discussed, debated and experienced the 21st century phenomenon that is &#8220;transmedia&#8221;. From arena tour to IPhone app, the way programme producers relate to their young audiences has become more complex. Changing funding models may challenge the regulators (OFCOM have announced a consultation on product placement for non child orientated broadcasts) but the lack of change to the 1960&#8242;s rules for the licensing of child performers is of equal concern.</p>
<p>There was much talk of &#8220;properties&#8221; and &#8220;brands&#8221; but little criticism of the UK&#8217;s copyright laws. Whether this is because the delegates saw no reason to change them or they saw no opportunity to bring the rules up to date was not clear.</p>
<p>I&#8217;m sorry I did not get a chance to go to last month&#8217;s Licensing International Expo in Las Vagas. Robert Marick from Fox Consumer Products announced a huge range of merchandise relating to the high school comedy / drama / musical Glee. He is quoted* as saying &#8220;Glee has hit a high note as one of the most attractive entertainment properties in the market today &#8230; The merchandising launch will allow fans to continue to engage and express themselves in ways that are core to the essence of the show.&#8221;</p>
<p>You have been warned!</span><br /><span class="Apple-style-span" style="border-collapse: collapse; font-family: arial, sans-serif; font-size: 13px;"><br /></span><br /><span class="Apple-style-span" style="border-collapse: collapse; font-family: arial, sans-serif; font-size: 13px;">* MediaGuardian 5 July 2010</span></p>
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		</item>
		<item>
		<title>Charity Finance &#8211; relocation and trading</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/06/charity-finance-relocation-and-trading.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/06/charity-finance-relocation-and-trading.html/#comments</comments>
		<pubDate>Tue, 22 Jun 2010 20:40:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[Accountancy]]></category>
		<category><![CDATA[charity]]></category>
		<category><![CDATA[Property]]></category>
		<category><![CDATA[Tax]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=97</guid>
		<description><![CDATA[For two excellent guides for charity finance, visit the Charity Finance Directors&#8217; Group website, and download their Relocation Good Practice Guide, and their guide to the tax implications of charitable trading.]]></description>
			<content:encoded><![CDATA[<p>For two excellent guides for charity finance, visit the <a href="http://www.cfdg.org.uk/cfdg/good_practice_publications.asp">Charity Finance Directors&#8217; Group</a> website, and download their Relocation Good Practice Guide, and their guide to the tax implications of charitable trading.</p>
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		<item>
		<title>Resource Pack for Trustee Recruitment</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/06/resource-pack-for-trustee-recruitment.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/06/resource-pack-for-trustee-recruitment.html/#comments</comments>
		<pubDate>Tue, 22 Jun 2010 20:37:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[Governance]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=96</guid>
		<description><![CDATA[The National Council for Voluntary Organisations has created an online resource pack for community organisations to find, recruit, and induct new members to their governing bodies. Its recommended procedures can be scaled up for larger organisations too. It can be accessed on the NCVO website.]]></description>
			<content:encoded><![CDATA[<p>The National Council for Voluntary Organisations has created an online resource pack for community organisations to find, recruit, and induct new members to their governing bodies. Its recommended procedures can be scaled up for larger organisations too.</p>
<p>It can be accessed on the <a href="http://www.ncvo-vol.org.uk/trusteerecruitmentforsmallorganisations">NCVO website</a>.</p>
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		<item>
		<title>Age Discrimination – Will the Equality Act stop discounted admission prices?</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/06/age-discrimination-will-the-equality-act.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/06/age-discrimination-will-the-equality-act.html/#comments</comments>
		<pubDate>Tue, 15 Jun 2010 12:12:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Age Discrimination]]></category>
		<category><![CDATA[discrimination]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=95</guid>
		<description><![CDATA[The Equality Act 2010 is now in force, but the provisions relating to age discrimination by service providers is not due to become effective until April 2012 at the earliest. Those setting admission prices (and offering discounts to children and senior citizens) can note: Age discrimination will be extended to service providers, but not until [...]]]></description>
			<content:encoded><![CDATA[<p>The Equality Act 2010 is now in force, but the provisions relating to age discrimination by service providers is not due to become effective until April 2012 at the earliest.</p>
<p>Those setting admission prices (and offering discounts to children and senior citizens) can note:
<ul>
<li>Age discrimination will be extended to service providers, but not until detailed regulations have been agreed (likely to be on or after April 2012);</li>
<li>The Act explicitly excludes children and young people from legal protection from  unfair  discrimination on the grounds of age;</li>
<li>Some service delivery will also be excluded, but the scope of those exclusions is not known (likely to relate to financial services, health care and the travel industry);</li>
<li>The government does not intend to stop service providers from providing benefits to some age groups if it is &#8220;beneficial or justifiable or for good public policy reasons&#8221;. The new rules (according to guidance published by the Government Equalities Office) will not stop, for example, free bus passes for older people.</li>
</ul>
<p>On that basis, free or reduced entry to venues would seem to be acceptable. Further updates will be published here when the regulations are passed.</p>
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		<item>
		<title>Vetting and Barring – fundamental remodelling to take place</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/06/vetting-and-barring-fundamental.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/06/vetting-and-barring-fundamental.html/#comments</comments>
		<pubDate>Tue, 15 Jun 2010 11:48:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[children]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=94</guid>
		<description><![CDATA[The government announced today that all plans for registration to the new Vetting and Barring Scheme, due to commence on 26 July 2010, have been halted. Instead, the government will &#8220;remodel&#8221; the scheme to &#8220;proportionate, common sense levels&#8221;. Teresa May describes the required changes to be &#8220;fundamental&#8221; to allow a proportionate and sensible scheme. The [...]]]></description>
			<content:encoded><![CDATA[<p>The government announced today that all plans for registration to the new Vetting and Barring Scheme, due to commence on 26 July 2010, have been halted.</p>
<p>Instead, the government will &#8220;remodel&#8221; the scheme to &#8220;proportionate, common sense levels&#8221;. Teresa May describes the required changes to be &#8220;fundamental&#8221; to allow a proportionate and sensible scheme.</p>
<p>The review, to be co-ordinated by the Home Office in partnership with the Department of Health and the Department for Education is still being scoped. The Direct Gov website promises further announcements &#8220;later in the year&#8221;.</p>
<p>So the current state of play seems to be:
<ul>
<li>CRB checks continue;</li>
<li> Employers face criminal sanctions for knowingly employing a barred individual for a wide range of work;</li>
<li>Employers can check the barred lists with the ISA as part of an Enhanced CRB check;</li>
<li>Employers, local authorities, professional regulators and inspection bodies have a duty to refer to the ISA any information on an individual working with the vulnerable where they consider them to have caused harm or pose a risk;</li>
<li>&nbsp;It is a criminal offence for a barred individual to apply to work in a wide range of posts (including voluntary positions).</li>
</ul>
<p>Although the review will be welcomed by many, it leaves in place the CRB system (with all of its challenges) and, for the entertainment industry, the child performance regulations.</p>
<p>Given the VBS was not due to be fully implemented until 2015, this continuing delay will cause uncertainty for an even longer period.&nbsp; Will it be worth the wait?</p>
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		<title>Vetting and Barring &#8211; review announced</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/06/vetting-and-barring-review-announced.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/06/vetting-and-barring-review-announced.html/#comments</comments>
		<pubDate>Tue, 15 Jun 2010 07:52:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[children]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=93</guid>
		<description><![CDATA[Teresa May, the Home Secretary, is expected to announce today that the proposed registration processes for the new Vetting and Barring Scheme are to be halted. The new framework was due to take effect from 26 July, with compulsory checks for new workers from 01 November 2010. The Home Office is expected to also announce [...]]]></description>
			<content:encoded><![CDATA[<p>Teresa May, the Home Secretary, is expected to announce today that the proposed registration processes for the new Vetting and Barring Scheme are to be halted. The new framework was due to take effect from 26 July, with compulsory checks for new workers from 01 November 2010.</p>
<p>The Home Office is expected to also announce a full scale review of the scheme.</p>
<p>No announcement has been made on the child performance licensing scheme, following Sarah Thane&#8217;s review published before the election.</p>
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		<title>Stage Firearms – amnesty expires on 04 June 2010</title>
		<link>http://artsandentertainmentlaw.co.uk/2010/06/stage-firearms-amnesty-expires-on-04.html/</link>
		<comments>http://artsandentertainmentlaw.co.uk/2010/06/stage-firearms-amnesty-expires-on-04.html/#comments</comments>
		<pubDate>Tue, 01 Jun 2010 13:11:00 +0000</pubDate>
		<dc:creator>keith</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Firearms]]></category>

		<guid isPermaLink="false">http://artsandentertainmentlaw.co.uk/?p=92</guid>
		<description><![CDATA[If you own or use the following stage gun, you have until 04 June to hand it into your local police force. The Olympic .380 BBMAlso known as:-Bruni Olympic Revolver- Blank Firer - Olympic 9mm - Olympic .380 - Olympic .38 Although the gun has been popular as a blank firer, it has recently been [...]]]></description>
			<content:encoded><![CDATA[<p>If you own or use the following stage gun, you have until 04 June to hand it into your local police force.</p>
<p>The Olympic .380 BBM<br />Also known as:<br />-Bruni Olympic Revolver-   Blank Firer <br />- Olympic 9mm <br />- Olympic .380 <br />- Olympic .38</p>
<p>Although the gun has been popular as a blank firer, it has recently been disclosed that the gun can be easily converted to a live firing gun. It is therefore prohibited, and possession can lead to a five year criminal sentence.</p>
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