Wednesday, February 21, 2018

OUGD602 - Start Up Wednesday - Everything Legal

In order to gain more knowledge on the legal aspects of setting up and creating your own business I attended a university-run session with an external solicitor. The session covered everything from business structures to copyright cases and provided a wealth of knowledge that could be directly applied to my own freelance business after graduation.



Commercial Business Structures

Sole Trader - working by yourself, no employees, no forms, just pay taxes, individually takes all the risks and could end up personally bankrupt if things go wrong, £12 to become a sole trader

Limited Company - protected from personal risks

Partnership - two or more people coming together to make money, all equally responsible for risks, can all be sued or made bankrupt, only person you have to tell is the tax man

Limited Liability Partnership - cross between a limited company and a partnership, allows you to continue working as a partnership but gives you the protection of a limited company, have to fill in forms to apply



Limited Company

Members/shareholders are the founding members of a limited company, or anyone who invests in the business

Members/shareholders ask people to run the company for them, call directors - responsible for the day to day running

Directors ask a senior management team to run the business for them, called staff

In a small organisation, one person can do each role

Limited liability protects the members/shareholders - it means that members/shareholders can put money into the business and if it goes wrong they’ll lose their investment but not they’re personal assets (house, car etc)



Limited Liability Partnership

Structure a bit simpler that a Limited Company

Partners > Senior Managements Team > Employees

Long-term funding from places likes the Arts Council aren’t for commercial businesses, only for not-for-profit organisations

Faulty business structures = wasted time, energy and money, void transactions (got the technical details of a deal wrong and so it’s voided), personal liability, reputation, criminal offences



Finding the right structure

Consider the paperwork you’ll need, the taxes you’ll need to manage, how to take the profit of your business, your personal responsibility if your business makes losses

Government website called Companies House https://www.gov.uk/get-information-about-a-company

Allows you to view information available on any company registered in the UK

Having your home address as a registered address is the easiest but means lawyers can find you

Once the company is running you have to file a copy of your accounts every year (viewable online)

If you want to be a company you have to release certain personal details

If you want the protection you need transparency



Trading Names

Must declare your official name(s) (from birth certificate) on all documents

But can also operate under a trading name

All formal business communications (invoices, letters, emails, all paperwork) must include:

Formal name, company number, VAT number (if registered), correspondence address (must charge VAT on top of your selling prices if you’re making £80,000+ ish)



Names and Brands

Brands are protected under intellectual property under trademarks ™ (for free, a free trademark)

But for the best protection you must fill in a form = a registered trademark ® (£170 for ten years UK protection, can pay half up front) (£1,500 for the whole of Europe)

Trademarks operate under a class system

Books are paper goods protected under Class 16 - can register the Shy Bairns trademark for just books would only be £170

To fully protect a name or brand you must register a trademark in all classes that you’re operating in

To prove you had a trademark before anyone else, keep records of how long you’ve being using a name/brand

Unofficial people sometimes fish new trademark applications to try and bill and scam them for more money

Can search for trademarks: https://trademarks.ipo.gov.uk/ipo-tmtext?reset

Search for who owns domains names at: www.nominet.uk/



Patents

Protecting a new invention, costs tens of thousands of pounds

Don’t tell anyone about it until you’ve filled in the forms - if you tell everyone it’s not considered ‘new’


Confidentiality Agreements - if someone has signed a confidentiality agreements and then breaks it you can take action



Copyrights

Symbol is free to use in the UK and needs no registration, the more you use the symbol the more respected the protection will be

Protection of ‘works’ : original literary, dramatic musical or artistic works; sound recordings, films, broadcasts or cable programmes; arrangement of published editions

Websites and software come under literary works because of the written code

Images and text on website can come under artistic works

Publication rights ℗ - taking old work with expired copyright (like Shakespeare) and republish in a new way, the form in which content is published is the part that is copyrighted

Publishing new content would come under artistic works as well as published editions

Copyright is owned by the creator of a work, unless it’s created by an employee of a company (in which case the company owns the copyright) or you’ve signed a deal to sell your rights

Can prove its your work by posting it to yourself or posting an image online (preferably someone else’s), phones or emails isn’t necessarily safest because technology can break

If it’s an artistic or published work (including websites), copyright will last 70 years from the end of the year in which the owner died

Recorded music gets 70 years copyright from the date when it was published

Copyright restricts the copying of all or a substantial part of the work, issue copies to the public, perform/show/broadcast, adaptation

Creative Commons are a set of symbols you can put on your work to indicate that anyone can use it (public domain, carbon copy, not for commercial purposes)

Orphan Works - when you can’t find the owner of a work, write to the IPO and ask to use an orphan work



Moral Rights - the right to be credited for work
Paternity rights
Integrity rights - to prevent cropping and altering the integrity of the work
Ancillary rights
Performance rights - preventing work being performed in public
Database rights - preventing it from being added to a database
Resale rights - if your work is resold at an auction house or a gallery you will receive a royalty payment (payment and notification of sale if handled through DACS)