Arts, Culture and Heritage

At Stone King we have a deep understanding of the sphere in which organisations established to promote the arts, culture and heritage operate. Our charity law specialists are well practised working with galleries and museums, theatres and heritage organisations and offer trusted, specialist legal support to enable our clients to thrive as they engage with the challenges and opportunities they face in today’s world.

Our teams work with museums, galleries, theatres, orchestras, craft, dance and drama bodies, cultural centres and venues, custodians of built and natural heritage and fine art, as well as educational providers and charities, including corporate foundations, established to promote and support the arts, culture and heritage. We also have long experience of acting for lottery funders. We therefore have a wealth of experience of the complex trust, charity and property issues that such bodies encounter, and advise on these as well as operational matters including commercial, employment, HR and regulatory. 

The immense value of the cultural sector to the UK’s economy, as well as our physical and emotional wellbeing, should never be underestimated or taken for granted. Our specialist sub-sector lawyers who work with these clients are passionate themselves about the work that they do to support them, and a number of our team members have enjoyed a background in the arts, cultural and heritage world prior to undertaking legal training. Our colleagues are active members of a number of industry-leading groups such as the Heritage Alliance and the Institute of Art and Law. The firm itself is proud to be a member of the Association of Independent Museums and the Museums Association. Our immersion in this sector gives us unique insight and knowledge as well as a true commitment to the work that we do. 

See below some further examples of the kind of work we do in the arts, culture and heritage world. These demonstrate the full range of legal services, including:

• Establishment of new bodies such as charities and CICs
• Establishment of trading subsidiaries
• Restructuring and mergers
• Advice on the cultural exemption from VAT
• Governance and trustee matters
• Property and planning law advice including for listed buildings and scheduled monuments
• Intellectual property advice covering copyright, trademarks and patents
• Information law advice including data protection and freedom of information
• Cultural property disputes including spoliation and restitution/ repatriation claims
• Commercial matters for cultural spaces, including commercial partnerships and catering contracts
• Training, including the interaction with further education
• Advice for organisations offering public access to their spaces, including health and safety and safeguarding
• Advice on funding arrangements including grants and security for loans
• Advice relating to employment and volunteers.

The legal framework covering organisations operating in the arts, culture and heritage sector is continuously evolving to adapt to changing cultural and societal needs, whilst seeking to preserve the rich cultural heritage of the country. Our experts keep up-to-date with the latest developments and are constantly looking to provide thought leadership and horizon scanning to help our clients navigate these changes.

Arts and Culture

The UK’s cultural institutions are remarkably diverse, yet they face many common challenges. In the current funding environment we have worked with museums and galleries as well as arts venues and cultural centres, including theatres and dance and music companies, to maximise the benefits of charitable status and to build future revenue and sustainability. This includes national museums, as well as local provisions.

We are experienced in looking at structural options as well as innovative collaborations, from associations with other cultural bodies and local authorities or education providers, to relationships with commercial partners. We are also familiar with the routine governance and operational issues that arise. We understand the need for sound practical advice addressing the legal risks faced, based on detailed sector knowledge.

Our work with arts organisations has included:

• Advising a national museum on the acquisition of a major cultural asset
• Advising a national museum on a merger
• Advising on the collaborative operation of a cultural site
• Establishing separate fund-raising support charities
• Advising on the establishment of a new major cultural centre and museum, including grant funding
• Advising on revenue generating activities including commercial sponsorships and commercial trading activity
• Advising on spin-out and alternative options for local authority museum provision
• Reviewing trusts attached to collections and dealing with changes where required
• Advising on acquisition under the acceptance in lieu scheme
• Defence of spoliation claims and work on restitution and repatriation efforts
• Advising on freedom of information issues and SAR
• Advising on the preservation and protection of an important heritage archive
• Providing bespoke trustee training to the board of a major gallery 
• Updating governing documents for national museums and galleries
• Providing operational and governance advice to a local gallery

Heritage

Our country’s heritage, both in terms of the built and the natural environment, surrounds us, informs us, identifies us and should never be taken for granted. Our heritage lawyers have a deep involvement in heritage matters, working both with clients charged with the preservation and conservation of heritage assets, and with clients who occupy heritage properties. We also have long experience of acting for lottery funders. We therefore have a wealth of experience of the complex trust, charity and property issues that heritage bodies encounter. We understand the operational environment in which these issues play out and the need for focussed commercial advice to allow you to work effectively.

In recent years we have had unique experience of dealing with a number of major public sector/charity heritage transfers. These projects gave us experience of acting for the different bodies involved in such transfers. We acted for a government department in a major transfer of complex heritage and commercial functions to a new independent charity and subsequently acted for a non departmental public body involved in transfer of its heritage management into charity hands. Most recently we acted for a new independent charity established to take over extensive heritage management in and around London.

Our other work with our heritage clients has encompassed a range of different aspects, including:

• Analysis of historic endowments and trusts for one of the country’s largest heritage bodies, identifying the terms on which such assets and how their income may be used
• Advising on governance and legal structures, including ensuring that permanent endowment is effectively used and protected
• Establishing a new charity to acquire and preserve a notable house on the at risk register and advising on its relationship with a performing arts charity operating from its property
• Advising on charity law issues relating to public benefit, and the balance to be struck between preservation and open access
• Advising on disposal of assets within the constraints of charity law and relevant accreditation;
• Revising Royal Charters and historic constitutions, ensuring that they are modern and fit-for-purpose
• Dealing with property disposals and acquisitions, ensuring compliance with charity legislation
• Advising on complex funding issues and the protection of funds
• Advising on all aspects of safeguarding 
• Advising on security for heritage grants for an historic listed site.

Our team are ready to help, no matter your issue, with specialist arts, culture and heritage advice. Our heritage lawyers are trusted to provide the right support and guidance, and have worked with many diverse organisations. Please contact our team today to find out more about how we can help and support you.