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Legal – structures, contracts, copyright, insurance, data protection, employment law, health and safety

Data Protection: A Guide to the Data Protection Acts and Their Implications for managers in the arts and entertainment industry
by Roger Tomlinson
Pub: AMA 2000 £12.50, (£7.50 to AMA/TMA members) ISBN 1 903315 00 X
Essential guidance for managers, ticket sales, marketing and fundraising staff in how to handle customer data and stay legal. It covers the principles of the new legislation, defines terms, and then provides excellent notes on practical matters such as what to say to customers on the telephone. Review
Click here to buy from the publisher

Voluntary but not Amateur: A Guide to the Law for voluntary organisations and community groups
by Jacki Reason and Ruth Hayes
Pub: LVSC 7th edition 2004 [£29.03 inc p&p] ISBN 1872558232X
The companion volume to Just About Managing. A clear, concise guide to the major legal aspects of running a smaller voluntary organisation. Very valuable reference which provides endless answers on running your organisation's legal structure, employing people, finances, health and safety, insurance, premises. Highly recommended.
Click here to buy from the publisher

(Larger Organisations should also look at the Voluntary Sector Legal Handbook below)

Voluntary Sector Legal Handbook (2nd Edition)
by Sandy Adirondack and James Sinclair Taylor
Pub: DSC 2001 ISBN 1-900360-72-1 £42 for Voluntary Organisations, £60 for others [£50.50 inc. p&p for Vol Orgs]
The second edition of this essential reference work on all things legal. Review
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The Health and Safety Handbook for Voluntary and Community Organisations
by Al Hinde and Charlie Kavanagh. Editor Jill Barlow
Pub: Directory of Social Change 2nd Edition 2001 £12.50 ISBN 1 903991 01 3
This useful guide is extremely well laid out, clearly written and does not over-complicate issues. It assumes a small size of organisation, and includes the use of volunteers as well as paid staff. Its 14 chapters cover all the basics - risk assessment, workplace regulations, manual handling, use of computers, COSHH, RIDDOR - and also violence to staff, insurance, and food hygiene. There are well designed checklists and a DIY model Health and Safety policy for you to customize.
Click here to buy from the publisher

Safety Guidance for Street Arts, Carnival, Processions and Large-Scale Performances
by David Bilton et. Al. 2004 ISBN 0954489217 £10
Compiled by experts in the field, and including real-life case studies, this guide provides the specific safety guidance for the street arts and carnival sectors. Incorporating advice on planning, risk assessment, assembling an event team, consultation and liaison with the relevant authorities, stewarding, special effects and much more, this is an essential point of reference for event planners and producers.

  • This industry guidance is commended to all involved… (Barry Baker, HSE)

  • It is always enlightening when such organisations [as ISAN] grasp the nettle – particularly when it comes to health and safety issues – and draft practical, pragmatic guidance for all to follow. (Richard Limb, Symonds Group Ltd)

  • The Institute of Licensing is pleased to support ISAN’s Safety Guidance, which offers clear and practical guidance to those who wish to provide arts events outside of the confines of licensed buildings… (Jeffrey Leib, The Institute of Licensing)

  • Click here to buy from the publisher

Copyright In A Week
By Graham Cornish
Pub Hodder & Stoughton 2002 ISBN 0340849444 £6.99 [£9.74 inc p&p]

A well-structured and accessible little book that is very successful in its aim to provide an introduction to copyright and to alert the reader to the problems rather than offer too many solutions.  It covers What is Copyright?; How the law works; Authors and owners; using copyright material; websites, intranets, emails; licences and liability; a corporate policy.  It is aimed at a business setting rather than the arts so don’t expect to find anything on the specifics of commission, collaborations, further use, etc., as they apply to different art forms.

Copyright - A Choice of No Choice for Artists
By Joost Smiers
Download this publication free and view online or print.
Click here for the free download

Law of Copyright and Rights in Performance
by D De Freitas, Pub: British Copyright Council, 1998 £14.95 ISBN 0901737070

A useful little book, if rather dry and legal. It gives a comprehensive outline of the law, which is clearly written and easy to understand. This is the guide to go to when you need more detailed information about copyright law and to help you decide whether to take further expert advice. Review

Charities and Trading: Law, Accounting and Tax Issues
By Pesh Framjee
Pub: Charities Advisory Trust, 1996, £9.95 ISBN 0951294016

Selling the arts is acceptable as a charity, but if your organisation trades in other ways to raise funds then it is vital to be clear about which activities ought to be carried out by the charity and which by a trading subsidiary. Pesh Framjee’s clear, short guide manages to incorporate and explain Inland Revenue, Charity Commissioners and VAT guidance notes and to address all the important areas. It should be read by all charitable arts managers to clarify their organisation’s trading situation and to establish whether professional advice (which it does not attempt to replace) is needed. Review

Sinclair Taylor & Martin Company Handbook and Registers for Voluntary Sector Companies Limited by Guarantee
By Sinclair Taylor & Sandy Adirondack
Ring-binder, 196 pages, 1st edition 1999 updated 2003 £39.50 with free postage
This comprehensive and easy-to-use publication is suitable for all voluntary sector companies limited by guarantee without a share capital, whether charitable or non-charitable. With regular updates available it provides combined company registers, a handbook covering the requirements of company law, specimen copies of company forms, storage space for annual returns, copies of company forms and other company records.
Click here to buy from publisher

Mutual Obligations - NCVO's Guide to Contracts With Public Bodies
by Joss Saunders
Pub: NCVO 1998 £15.00 ISBN 0 7199 1537 6
Extremely useful guidance for organisations providing services to Local Authorities and others under a contract or service level agreement (and relevant to Best Value). It is written from the principle that contracts are shared undertakings that involve mutual obligations between contract partners. It covers negotiations, liabilities and protecting the organisation's interests. One section is a step by step guide through typical clauses found in agreements. Recommended.
Click here to buy from the publisher

Implementing Droit de Suite (artists’ resale right) in England
By Clare McAndrew, Lorna Dallas-Conte
Pub Arts Council of England 2002 ISBN 0728708604 £10 [£13.15 inc p&p]
Click here to buy from the publisher

A free legal update service for voluntary, arts and other not-for-profit organisations is available from www.sandy-a.co.uk

On Data Protection www.dataprotection.gov.uk

For guidance operation of a company limited by guarantee and the role of Company Directors and Company secretary see www.companies-house.gov.uk

For Health & Safety www.hse.gov.uk

The Disability Rights Commission is a valuable source of information on legal requirements on disability issues, including the Disability Discrimination Act. Text of the Disability Discrimination Act available in full available on
www.hmso.gov.uk/acts/acts1995/1995050.htm
Click here to go to the DRC web site
Model Memorandum and Articles of Association available from Arts Council
These models are acceptable to the Charity Commission for charitable arts organisations.
www.artscouncil.org.uk

Guidance on constitutions including Memorandum and Articles of Association is contained in a leaflet from the Charity Commission:
Choosing and Preparing a Governing Document (CC22) www.charitycommissions.gov.uk  Tel: 0870 333 0123 

Formation as a Company Limited by Guarantee, registration as a charity and legal help on all related matters is available at subsidized rates from:
Interchange Legal Advisory Service  www.interchange.org.uk/legal/
The Independent Theatre Council  www.itc-arts.org  admin@itc-arts.org
Co-operatives UK www.co-opunion.coop
Co-operatives UK also have some excellent publications on legal structures etc.

Police Checks and Disclosure
Information on checks needed for artists and others working with children

The Department for Education and Skills has a Guidance Circular DfES/0278/2002 available from www.dfes.gov.uk/governor/pubdocs/71_183.doc

The Criminal Record Bureau can provide further information regarding police checks and disclosure. Their website is: http://www.crb.gov.uk/. In addition their publication, The Protection of Children Act 1999: a practical guide to the Act for all organisations working with children may be downloaded from www.crb.gov.uk/downloads/childprotect.pdf

The Patent Office has a very informative website on copyright and other aspects of intellectual property (trademarks, designs and patents) at http://www.intellectual-property.gov.uk/

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See also Charitable Status and Board of Director sections

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