Intelligence

The London Legal Walk 2019

Our team took part in the London Legal Walk 2019 this year, raising £500.00 for The London Legal Support Trust which helps to raise funds for charities that offer pro bono legal advice and representation to those in need.

The London Legal Walk is the largest fundraising event in the legal calendar and supports over 100 organisations in London and the South East each year.

Joining over 14,000 other walkers, the team enjoyed a 10k walk around Central London, enjoying some of the beautiful parks the City has to offer.

Thank you to all of our sponsors, we greatly appreciate your support.

International Women’s Day – more female entrepreneurs for all!

At Open Plan Law we enjoy any excuse for a party but International Women’s Day gives us a pause for thought. Do we need a designated day to celebrate women, or is the day an anachronism? And if we do celebrate women, what is it for?

We recently tweeted about a book by Tomas Chamorro-Premuzic “Why Do So Many Incompetent Men Become Leaders? (And How to Fix It)”. In keeping with the message of the book, and as a sort of nod to International Women’s Day, we thought we would celebrate traits shared by many fantastic women and men alike, which the author declares worthy of a modern leader: level-headedness, the ability to assess skills accurately (rather than overinflate them) and high emotional intelligence. That in addition to field expertise!

We have also asked Anna, our founder, for her views on entrepreneurship and leadership, and what she thinks the future holds for women in the legal profession.

Q: What changes have you seen in the legal industry during your career?

There have been some very significant changes in the industry since my time as a junior lawyer in the City.   The industry is diversifying, helped by new business models such as ABS and limited liability companies, and a more competitive professional insurance offering. Since the 2008/9 banking crisis, clients have tightened legal budgets and demand more for less. This forces the industry to be more agile and invest more effort in acquiring and retaining clients. As a result, numerous new firms are appearing on the market introducing healthy competition and more choice for clients.

Q: What changes would you like to see in the future?

There is something of a quiet revolution taking place: according to a survey conducted by the Law Society in 2017, more than a third of law firms are owned by women. These may be smaller to mid-sized firms (the partnership in large law firms remaining predominantly male) but this is an exciting statistic nevertheless. With time, these firms will grow and balance things out. Especially if the Government and finance industry act on the findings of the Rose Report published today. The report shows that if female entrepreneurs are funded on par with their male counterparts, the UK economy as a whole could be given a £250 million boost. It is also encouraging that general counsel increasingly prioritise legal spend on firms that commit to diversity and inclusion. These shifts are bound to have an impact in more subtle ways too, for example, by introducing a new perspective on the style of conducting negotiation and litigation.

Q: How would you like your firm to develop in the future?

We focus on organic growth because it is essential for us that the firm retains its culture of close collaboration, innovation, and the ethos of helping others. We may be small, but we are good and we are here to do good work. The rest will follow.

Q: Finally, what are your pearls of wisdom for those wishing to pursue a career in law?

It is harder than you think! Forget Suits, The Good Wife, and similar incarnations of TV lawyers (although it helps to be well dressed). Law requires grit and a willingness to put others first – the client’s problem will not go away only because you plan a holiday. Your satisfaction will initially come from a neatly tabbed bundle, and with time from making a persuasive argument, or capturing a complex issue in one paragraph. It is a team sport but whether you are more or less visible, you will have an impact on the world around you. And you will be able to express yourself through your practice which is a reward in itself. Above all, I would say, persevere!

For more information on our legal services, please contact us at contact@openplanlaw.com or on 0203 405 9030.

Top 5 legal tips for photographers

1. Understand copyright

Any original photographs you create attract copyright, having protection from creation, for your lifetime, plus 70 years. If anyone infringes this right, you have a right to sue them for compensation and to stop further use. Note that there are exceptions to copyright which, under certain circumstances will allow third parties to use your work.

2. Know your moral rights

Moral rights only apply to copyright and are not assignable, therefore you cannot transfer these to third parties. Moral rights may, in some circumstances, be waived. Like copyright, if these rights are infringed, the creator can sue. The rights are:

* The right to be identified as the author or director of a copyright work (known as the “right of paternity” or “right of attribution”)

* The right to object to derogatory treatment of a copyright work (known as the “right of integrity”)

* The right not to suffer false attribution of a copyright work

* The right to privacy in respect of certain films and photographs

All of the above apart from false attribution last for your lifetime plus 70 years after death. The false attribution right is limited to 20 years after death.

3. Rules of ownership

Just because you took the photo does not mean you are necessarily the owner and therefore able to enjoy copyright. If you took the photo as part of your employment, your employer will own the copyright and you will have no rights. You should always check the intellectual property clauses, if any, of your employment contract to make sure you understand what will happen with your work.

4. Licensing versus assignment

Do not confuse a license to use copyright works with an assignment of copyright works. A license allows another person to use your work, but you can define the scope and duration and potentially charge for such use. An assignment will transfer your copyright to that person and you will no longer have the right to use the original work. If you are approached by someone wanting to use your work, check any documentation carefully to ensure you understand the terms of the agreement. If you have any doubt, seek advice before signing.

5. Negotiate your contract

Firstly, do not sign a contract without reading it through. If you don’t know the terms agreed, you could be signing away your copyright when you never intended to. Once signed, it will not be easy to prove in a Court that the agreement is invalid just because you didn’t read it. Don’t be afraid to put forward ideas and requests to the other side, you have a right to negotiate, especially if the agreement is unfair towards you. Nevertheless, if you need to seek help, speak to a legal advisor who can help represent you.

If you would like further advice on copyright or intellectual property in general, please contact us at contact@openplanlaw.com or on 0203 405 9030.

Legal News in Focus – January 2019

It’s January, so Happy New Year and welcome to our first newsletter of 2019! With that in mind, we’re kick-starting this newsletter with a focus on the key employment law developments to help you prepare your business for changes in the coming months. So, here’s your essential round-up …

Brexit

While the government continues to try to secure a deal, there’s also a drive to prepare the public for a possible ‘no-deal’ Brexit. When it comes to employment law, the government has already published: Workplace Rights If There’s No Brexit Deal, a series of technical notices for a ‘no-deal’ scenario. UK workers are expected to continue with the same rights under UK law (such as paid annual leave), which derive from EU law. Read more here.

Gender Pay Gap

With the 30 March and 4 April 2019 deadlines for Gender Pay Gap Reporting rapidly approaching, we expect that gender pay will continue to be a hot topic in 2019. While recent figures from the Confederation of British Industry’s (CBI) employment trends survey show 93% of businesses are taking action to close the gender pay gap, companies are likely to continue to come under pressure to narrow the gap. Read more here.

Ethnic Pay Gap

Britain’s black and ethnic minority (BAME) workers face a ‘pay penalty’ and earn less than white colleagues in the same jobs, according to the Resolution Foundation, a think tank. It found that 1.9m BAME workers are paid about £3.2bn less than their white counterparts every year. To help tackle ethnic disparities in the workplace, the government has recently concluded a consultation exercise on mandatory ethnicity pay gap reporting. Read more here.

Government’s Good Work Plan

The Government’s Good Work Plan was described by ministers as the largest upgrade to workplace rights in a generation. However, it is important to note that the announcements – which included greater protection to gig-economy workers – are proposals at this stage and not new legislation. Read more here.

Workers do not automatically lose right to holiday at the end of a holiday year

A recent ECJ case has held that workers have the right to carry over untaken holiday into the next year. This is unless the employer can prove that it enabled the worker to take their entitled leave in the correct year and warned them of the consequences of not doing so. Read more here.

Court Of Appeal Rules That Uber Drivers Are Workers

In the latest ‘gig-economy’ case, the Court of Appeal upheld a 2016 decision ruling that Uber drivers were not self-employed. It found that the taxi and private hire drivers were regular workers who qualify for basic rights such as minimum wage, holiday and sick pay. The case will now be appealed to the Supreme Court. Read more here.

Other developments

* Last year, the #Metoo campaign took off, with a focus on sexual harassment at work, and non-disclosure agreements (NDAs). And in 2019, it’s likely we will see new proposals to help tackle the issues.

* GDPR – all eyes will be on the Information Commissioner in 2019, when it may issue the first fines for non-compliance.

Practical help

With these developments in mind, we will be running a series of interactive masterclasses on (i) the use and ethics of NDAs, (ii) how to promote a happier, healthier culture at work and (iii) an update on GDPR. If these are of interest, please contact Beth Eaton at beth.eaton@openplanlaw.com to register your details.

In the meantime, please do get in touch with David at david.evans@openplanlaw.com if you would like advice on any of the issues covered in this edition

2018 Sucesses

Just before we enter into the New Year, below is a quick glance at how we did in 2018.

Growth

In March we celebrated the firm’s 2nd anniversary. A small milestone, perhaps, but this was our opportunity to say thank you to our clients at a small gathering at our Bloomsbury office. We also raised a glass to the enlarged OPL team. We welcomed David who has formed the firm’s employment practice providing strategic, responsive and thoughtful advice to corporate and individual clients. We also gained secretarial support and, in September, were joined by our paralegal extraordinaire, Beth.

Recognition

In June, Anna was delighted to be recognised by the Law Society for her role in the reshaping of copyright law for the digital age and her work for the photography industry, and included on the Law Society’s prestigious Solicitor of the Year shortlist. Achieving this recognition as a start-up, we took it as confirming the success of our innovative and collaborative legal practice.

Helping Creators of all kinds

The range of our clients broadened and diversified this year. We gave advice on copyright, trade mark, personal data protection and commercial law matters to global advertising companies, image rights clearance agencies, photo libraries and public institutions in the arts, heritage and charitable sectors. Our employment practice assisted hotel and leisure groups, consulting firms, construction companies, and health and beauty SMEs, as well as Board members in their executive or individual capacity.

We intend to build on this year’s success and hope for, and wish all our clients and friends of the firm, resilience and ability to adapt to new challenges in 2019 as they will undoubtedly come. As global commerce becomes increasingly complex, we also wish you good intuition – which we can help put into a legal framework.

Welcome to the latest Open Plan Law Newsletter – Legal News in Focus

It’s November and there are plenty of fireworks going off in the news, when it comes to employment law issues. As the latest row explodes over harassment claims and NDAs (non-disclosure agreements), and a major supermarket is hit with data protection sanctions, we’re here to shed some light on the issues that impact your business. So, what’s happening and what do you need to know …

Supermarket vicariously liable for payroll Data Breach

The Court of Appeal has upheld an earlier finding that Morrison Supermarkets is vicariously liable for an employee’s criminal disclosure of employee data (Wm Morrison Supermarkets plc v Various Claimants). By upholding the lower court’s determination, the Court of Appeal has allowed a group action compensation claim. It involves more than 5,000 staff who had their personal data stolen and put online. The supermarket now faces paying compensation to each of them. Employers should therefore consider having an effective compliance system in place, to prevent inadvertent data breaches, if not a determined rogue employee. In the latter case, having a dynamic incident response procedure and as the Court noted, insurance, may be the best protection against substantial damages claims. Read more here.

Pay Gap – latest

The UK’s gender pay gap has reached a record low 8.6%, according to official figures. The Office for National Statistics (ONS) said provisional figures showed the median difference in full-time hourly pay was down from a level of 9.1% the previous year. Building on its gender pay gap reporting, the government has announced a consultation on ethnicity pay reporting (on a mandatory basis) and a race at work charter. The consultation is open until 11 January 2019.  There’s more here.

“Only Banter”

As has been widely reported, a well known businessman has vehemently denied allegations of harassment and has been quoted as saying there had only “been some banter”. Whatever the facts of this high-profile case, it has certainly fuelled the ongoing debate about the use of NDAs in employment contracts and settlement agreements. While some organisations and individuals argue that NDAs are being unfairly used to silence victims of harassment, others point out that in many cases, NDAs can be a helpful way for employers and employees to reach a deal that allows both parties to move on. What does appear certain at this stage, is that confidentiality undertakings in such agreements are going to be far more heavily regulated and narrowed and that any allegations of harassment will need to be properly investigated and appropriate action taken irrespective of settlement terms. Additionally, those in regulated positions may be subject to compulsory reporting as part of their assessment of fitness and propriety. As ever, having a clear and up to date equal opportunities policy and carrying out regular training is imperative in maintaining standards and challenging any potential exploitation of power.

We offer comprehensive, pragmatic and commercial advice to employers on all aspects of employment law. Please do get in touch if you would like advice on any of the issues covered in this edition of the Open Plan Law employment newsletter.

For more information contact David Evans on contact@openplanlaw.com or call 020 3405 9030.

Welcome to the latest Open Plan Law Employment Newsletter

A monthly round-up of developments in UK employment law for employers and HR professionals.

By any standards, 2018 continues to be a roller-coaster year for the UK’s rapidly evolving labour market. From GDPR to the first Gender Pay Gap Reports; the #MeToo campaign, the landmark gig-economy cases, and Brexit, there’s plenty to keep up with. So, as we roll into autumn, here’s what you need to know …

Tribunal Statistics

The Ministry of Justice (MoJ) has published its new Tribunal Statistics. The official figures show that the number of single claims lodged increased by 165% compared with the same quarter last year. Disability discrimination cases had the largest average award (£30,700), while religious discrimination claims had the lowest average award (£5,100) and the average award for unfair dismissal awards was £15,007. Read more here.

Women lose out in the workforce

A new survey of 4,000 young people from the charity Young Women’s Trust has found that a third of young women do not know how to report sexual harassment at work and a quarter would be reluctant to do so for fear of losing their job. It also says that one in five young women are paid less than their male colleagues for the same work. Read more here.

Acas launches new guidance on references

The general advice when you’re asked to give a reference is to make sure it is accurate and not misleading – no employer wants to be landed with a misrepresentation or a post-dismissal discrimination claim. But there’s still confusion about whether employers have to offer them and what to include. So, Acas has published new guidelines for employers, which includes how to resolve problems with references. Read more here.

Parental Bereavement (Leave and Pay) Act 2018

A new workplace right to leave for bereaved parents has been given Royal Assent. Parents who lose a child under 18 will receive 2 weeks’ paid leave under the Act. The details (including how much will be payable) have not yet been published but the right is expected to come into force in 2020. Read more here.

We offer comprehensive, pragmatic and commercial advice to employers on all aspects of employment law. Please do get in touch if you would like advice on any of the issues covered in this edition of the Open Plan Law employment newsletter.

For more information contact David Evans on contact@openplanlaw.com or call 020 3405 9030.

The Brave New World of Blockchain: relevance for owners of IP assets

On September 14th 2018, Anna will present at a seminar for the World Intellectual Property Organisation (WIPO) on the subject of Blockchain: relevance for owners of IP assets.

The seminar forms part of the Advanced Training Course on Copyright and Related Rights organised by WIPO and the British Copyright Council (BCC), in cooperation with the Queen Mary University of London Centre for Commercial Law Studies and with the assistance of the UK’s Intellectual Property Office (IPO).

Anna shortlisted for The Law Society’s Excellence Award

We are delighted to announce that Anna has been shortlisted by a panel of expert judges in The 2018 Law Society Excellence Awards in the category ‘Solicitor of the Year – Private Practice’.

Celebrating excellence across the legal profession, the 12th annual awards ceremony champions the work of solicitors across England and Wales. Anna is honoured to be shortlisted by the Law Society in one of the most sought after legal awards, and recognised for her expertise and dedication to her clients. You can find out more about the awards here.

The future of the UK’s Intellectual Property system

On Tuesday 6th February, Anna attended a meeting of the All Party Parliamentary Group for Intellectual Property.

She appeared on behalf of the British Association of Picture Libraries and Agencies (BAPLA) and, together with BAPLA and Getty Images, briefed MPs on the difficulties faced by the photography sector in enforcing photographic copyright online. The briefing focused, in particular, on the role of online aggregator platforms and other intermediaries in distributing content, the so called “framing loophole” allowing copyright content to be displayed without permission, and the scope for the Digital Charter to help address the legal obstacles. The representations made on behalf of the photographic sector were well received by members of the Group.

An Interactive Data Protection Workshop – the new obligations in practice

This Data Protection workshop will offer participants a grounding in data protection obligations as enhanced under the General Data Protection Regulation.

The workshop will be tailored to issues relevant in the photography industry. Participants will receive tools to conduct a data protection audit in their organisations and be given practical advice on data privacy procedures worth adopting.

Bapla Focus 2017

On September 26th 2017, Anna presented at BAPLA FOCUS for the 5th in its annual series of sell-out conferences.

This year at BAPLA FOCUS they covered topics including ‘Real news gathering in the age of fake news’, ‘The provenance of images online’ and ‘Brexit, copyright and challenges to business’ at the new venue of Museum of London. Anna gave a practical presentation on tracing the life of a licence, and unauthorised use after Brexit. She discussed some of the uncertainties right holders currently face – and will continue to face if issues relating to EU-wide judicial cooperation is not agreed.

Copyright essentials: A series of seminars for photo agencies

Copyright essentialsSeminar 1: Copyright Essentials for Photo Agencies
Open Plan Law – 31 July 2017
Venue: The Incorporated Society of Musicians Meeting Room, London, W2 3JQ

This will be the first seminar in a series of three, devoted to copyright in the images industry. This initial seminar will cover some basic principles of protection afforded by copyright and its exploitation. The seminar will be divided into two parts, with the first part focusing on what copyright protects and who is entitled to claim such protection, with the second part zooming in on the legal forms through which copyright works are monetized. We will end the seminar considering copyright in the international context. In the subsequent seminars we will discuss infringement, and finally, issues arising in online licensing of content.

Speaking at CEPIC 2017

Recently, Anna was invited as ‘Speaker of the Day’ at the Coordination of European Picture Agencies Stock, Press, and Heritage Congress (CEPIC) in Berlin.

She contributed to IP and media law specialist for the seminar “What the future holds for Picture Agencies: Emerging Revenues from Collecting Societies and Google Tax”, which received enthusiastic participation.As the Centre of the Picture Industry, CEPIC federates 600 picture agencies and photo libraries in 20 countries across Europe, with affiliates in North America and Asia. Its annual congress is the largest global gathering of the international photo community, representing 90% of the market worldwide.

Welcome to our new website and blog!

After a couple of months of planning, we are delighted to announce the launch of the new Open Plan Law website. We hope you like its fresh new look.
We’ve designed the website to allow you to find the information you need quickly and easily.
We will continue to publish useful information about our work and various legal issues, so please do check back with us for updates.

At Open Plan Law, we value your opinion

What do you think of our new website? We welcome your comments and feedback so please feel free to contact us to let us know what you think.
Suggestions for new information or topics are also very welcome.
Many thanks for your ongoing support and we look forward to hearing from you!