Archives for January 2015

Consumer Rights – all change again . . .

In May 2014 we wrote about the new Consumer Contracts Regulations. Consumer law is set for a major change later this year, and all traders dealing with consumers will need to prepare for that.

The Consumer Rights Bill is currently before Parliament. This will implement the EU Consumer Rights Directive and codify consumer law that is currently set out in a number of fragmented (and sometimes inconsistent) pieces of legislation, some of which date back to the 1970s. In particular, it introduces consistent definitions of key concepts (such as who classifies as a ‘trader’ or ‘consumer’), introduces new statutory rights and remedies for consumers, and updates and modernises the law, in particular for the digital economy.

The Bill sets out a series of tiered remedies for the consumer in the event the consumer’s statutory rights are breached. These comprise:

  • A short-term right to reject the goods, lasting 30 days. If the consumer requests that the goods be repaired or replaced (see below), this is extended by the time taken to repair or replace) or 7 days from the date of return (whichever is longer);
  • The consumer may also require the trader to repair or replace the goods at the trader’s cost, and within a reasonable time and without causing significant inconvenience to the consumer (unless this would be impossible, or the costs required would be disproportionate compared to the consumer’s other remedies).
  • If the trader refuses to repair or replace the goods or is unable to do so at the first attempt, or if the consumer cannot enforce this right as it would be impossible or disproportionate, the remedies move on to the next tier;
  • The next tier is a right to an appropriate price reduction (up to the full price paid by the consumer), or a final right to reject. The final right to reject is subject to a right of deduction for use, to take into account the use the consumer has made of the goods since they were delivered.

The Department for Business, Information and Skills (BIS) intends that the Bill will come into force on 1 October 2015 and intends to publish guidance on the Bill in April 2015. This will give businesses six months’ notice to make the changes required to inform consumers of their new rights in relation to faulty goods, services, or digital content.

The primary source of information will be the Trading Standards Institute Business Companion website, which will present general advice and also more detailed advice on the law.

Businesses will need to plan to review and update their terms and conditions for consumers once the Bill is passed and the Guidance issued, and review their sales processes and staff awareness so they are ready for the planned implementation in October 2015.

Contact: Neil Howlett

Copyright for Photographers

Copyright for Photographers

Neil Howlett, Commercial Law Partner at Harris & Harris, gave a talk on 16th January 2015 to the members of Wessex Camera Club on copyright for photographers. This covered what could be protected by copyright, and the practicalities of taking photographs in public places. He also advised them about protecting and exploiting their rights, something which has become much more difficult in the modern world of digital photography and publishing.

As in any other context good evidence and record keeping are the start. People are much better protected if they put in place good legal agreements; model releases, licensing agreements, and contracts when they are commissioned to take photographs. They should define who can do what and be practical. Legal documents can never give 100% protection but without them the position of a rights owner may be worse.

Harris & Harris are happy to help photographers and others in the creative industries with legal agreements.

There is plenty of reliable advice available for free. The Intellectual Property Office (IPO), the Government body responsible for Intellectual Property Rights, publishes useful material written in plain English. Their Copyright Notice 1/2014 “Digital images, photographs and the Internet” explains how to use digital and photographic images on the internet. The IPO also provides online tools including IP Equip training and an IP Health Check, to help you create value from your ideas, turning inspiration into sustainable business success.

Please contact Neil Howlett