Copyright (Rights and Remuneration of Musicians, etc.) Bill

Debate between Graham Stuart and George Freeman

Friday 3rd December 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (George Freeman)]

It is a great pleasure to be here today. Is not this a wonderful example of what Fridays are for—a proper cross-party debate that tackles a serious issue? I pay tribute to the hon. Member for Cardiff West (Kevin Brennan) and the Select Committee for their substantial report in the summer; I assure them that I and officials in DCMS and the Department for Business, Energy and Industrial Strategy have read it carefully. Indeed, it is because of that report that we are having this debate today.

I pay tribute to all colleagues who have spoken so far. I know that more want to speak, but I wanted to take this opportunity to set out the headlines of the Government’s response for Opposition Members before they decide to respond. I cannot pay tribute to everyone who has spoken, but I particularly want to mention: my right hon. Friend the Member for Maldon (Mr Whittingdale), who is a former DCMS Secretary and was a distinguished Chair of the DCMS Select Committee, whose comments were important and well noted; and my hon. Friend the Member for Warrington South (Andy Carter), who demonstrated his experience in the industry. I also thank a whole range of voices to which I have been listening carefully. The tone of the debate has been extremely welcome, and I pay tribute to the hon. Member for Cardiff West for bringing the debate to the House in that way, with this level of cross-party engagement. It is all to the good and this is what the public expect us to do on a Friday in private Members’ business: come together and tackle key issues.

I am responding on behalf of the Government as Minister for Innovation at the Department for Business, Energy and Industrial Strategy, and Minister for copyright and intellectual property, which is what the Bill before us actually amends in law. I am here as a member of a Government who are taking this issue seriously, especially through my Department working closely with DCMS.

One of my primary responsibilities is for innovation across Government, so I want to put this issue in the context of the broader opportunity for digital innovation in the economy, including through the deep digital technologies of AI, quantum and such technologies, which I am looking to support through our science and innovation budget. We should also look at this issue with reference to the role of important digital clusters—the gaming community and others—that are driving innovation in medical technologies and a whole range of other parts of our digital economy. Indeed, earlier this summer, I took the Big Tent Foundation to Coventry, where we were joined by the Secretary of State for BEIS, to celebrate the work of the often unseen digital entrepreneurs in the gaming cluster, who are not often seen in the newspapers, but who are driving huge investment, innovation, and opportunity for people to engage in the digital economy.

It was for that reason that yesterday at the levelling-up Cabinet committee, we had a long conversation about the importance of the digital creative sector in supporting opportunities around the economy. Many of our now most celebrated digital and technology clusters started with strong cultural, artistic and musical elements. In fact, silicon valley started in the ’60s as a home for non-conformist, free-thinking, fresh-thinking entrepreneurs, before the term was really widely understood. It was the lifestyle, the surfing and the music that laid the foundations for what is now the world’s greatest technology cluster. Similarly, in Cornwall we are seeing the merger of lifestyle and recreation tech entrepreneurs linked to surfing and music. Music is not just in a silo.

I am also here in a personal capacity. My family has substantial interests in the industry, although I am not declaring commercial interests, as I have none myself. My brother works in the film industry, where people are better paid. It is a bit feast or famine. When there is a film, people tend to get paid pretty well, and between films it is a bit famine-ish—but they are paid well in general. My wife is a theatre director. People in theatre are paid rather less well than in film, although many of them sometimes work in films, if they are lucky.

In our house, we have a lodger who is a family friend. He is a nocturnal entrepreneur —I see him only at the beginning and end of the day—and I asked him the other day, “What are you doing upstairs?”. He is a digital music entrepreneur, making music at night. I asked him how the streaming sector is working. His response was very interesting and I want to share it with the House, as he said: “If it wasn’t for Spotify, no one would know me. I’m using the streaming platform to get noticed. I don’t make any money out of it, but what happens is that people then pick me up on TikTok, they pick me up on Instagram, they then reach out and message me.” He said, “I’m now selling cassettes”, at which point I looked at him! I am old enough to have had a collection of cassettes—indeed, when I bought my last car but one I was worried that there was not a cassette player and what I was going to do with my old cassettes. Then I had the same problem with my CDs. I looked at my lodger and said, “Cassettes?” and he said yes. As colleagues around the House more knowledgeable than me have highlighted, there is now a huge market in cassettes, as indeed there is in the renaissance of vinyl.

My lodger has used the streaming sector to create a footprint for himself, but of course what he really wants to be able to do is fill venues. When I asked, “Could you fill a venue here in London?” he said, “I could half-fill one in London, but I could fill 10 venues in Los Angeles.” I think that speaks volumes about the level of global digital entrepreneurial activity going on in this country—of course, the pandemic has robbed many of our musical artists of those venue-related, event-related incomes—and highlights a lot of the issues that the Select Committee has rightly brought to the fore about the impact of the level of digitalisation in the music industry.

My headline message is that we in Government want to view this area as a creative industries ecosystem, and make sure that Britain is the best place in the world for musicians to practise, innovate and create, recognising that we are in an incredibly competitive global environment; nobody wants to pass a well-intended law that inadvertently undermines the UK’s position as a leading centre. In this debate, we need to think about the artists—in this case, the musicians—and the labels and the platforms, as well as the relationships among those three in creating a functioning, vibrant, innovative and, indeed, profitable ecosystem in which revenues are distributed fairly and in a way that leads to UK leadership.

My commitment, on behalf of the Government, is that we will take this moment, with the report and this very well presented Bill, to do what many in the House have urged us to do, which is to look quickly—not to delay, but to look quickly—at all of the issues and the impacts, and make sure that we frame a Government response that does not just deal with the immediate issue today, but means that our successors in this House in 10 or 20 years’ time say that this Parliament got it right and tackled it in the right way.

That is really about, yes, fairness. Fairness is an important word, and I think an important value that most people listening to this debate, who may not understand the complexities—and, boy, there are many—of the modern digital music streaming ecosystem, understand. People understand that fairness does not mean everybody being paid the same amount every day, which tends to lead to a communist society in which very little is to be distributed. Fairness means that people are rewarded properly and appropriately for their part in an ecosystem, reflecting the role of others and of competition. It is also about making sure that the UK remains a powerhouse in the global digital ecosystem, and in particular that our musicians, on which this Bill focuses, are properly rewarded.

I want to highlight that “musician” is one word but covers a multitude of different people—singers, bands, DJs, instrumentalists, non-featured artists, session musicians, backing singers, lyricists and composers. There is a huge range of people, and before we legislate we just need to be cognisant that we will be legislating to shape their lifestyles and their livelihoods. It is part of my responsibility as a Minister to make sure that we listen to all of them, even those who are not so noisy, and make sure that, before we change the law, we are cognisant of any unintended side effects. We need to make sure that all musicians are benefiting from the UK legal framework, and not just be pushed by one group without being cognisant of the effects on others.

I also want to highlight—indeed, I did not know this before preparing in the last two or three weeks for this debate—how musicians actually make their money. If we look at the data, we see that, at 31%, live performance is the main revenue stream. That has of course been hit very hard by the pandemic, which is what has brought this issue to the fore. Then there is teaching of music at 9%, audio streaming royalties at 6%, physical sales at 5%, digital sales at 5%, sessional orchestral work at 5%, broadcasts at 5%, public performances at 4%, commissions for stage at 3%, merchandise at 3%, video streaming royalties at 3%, and a whole raft of others. The truth is that there are multiple revenue streams for most musicians, and some of course only receive some of those, but we need to be cognisant of the broader musician revenue stream, and indeed of how complex it is, before we legislate.

When a song is streamed on a service such as Spotify, revenue from that stream flows through a streaming value chain that has taken shape in the past few years. At the start, the streaming service takes its cut, which is typically around 30%, although there is no industry standard, and the rest is split among all the other parties back down the supply chain. People’s ability to negotiate depends, of course, on their strength in the market. I dare say that if I produced a piece of music, my negotiating power in the market would be very weak, whereas the band led by colleagues here in the House have established that they have an audience and a market. I pay tribute to their work in not only using those revenues to support charities but in highlighting issues in the House.

It is and should be a competitive market. I think we would all accept, as people who make their living on their feet, speaking to issues, that if we went to Hyde Park corner, some of us would attract bigger audiences than others. I do not think we would pass a Bill that compelled the public to listen to us all for the same amount of time with the same level of interest. We cannot legislate for that and we all know that. We do, though, want to make sure that successful artists who generate quality music are rewarded properly.

We accept that there is a problem and we accept the fundamental case made by the Select Committee. We have already started by launching the Competition and Markets Authority. The industry is very vertical, if I can put it that way, and we want to make sure that the revenues flow fairly and there is no anti-competitive practice. We are also looking, through the Intellectual Property Office, at how other countries have done it: there have been a number of reforms around the world and we want to be sure that we have collected the data on any reforms that have worked positively for musicians across the board and on those that have had negative effects.

In the past two weeks, I have had extensive meetings with the hon. Member for Cardiff West, in a positive spirit, and with colleagues on the Government Benches, including my right hon. Friend the Member for Tatton (Esther McVey), and around 40 or 50 other colleagues who have taken interest. I have also taken the time to meet people in the industry.

Before colleagues decide how they wish to proceed, they should know that views are very mixed. I have had 50 submissions this week that I was reading late last night. The Association of Independent Music accepts the Select Committee’s case that there is a problem, but does not accept that

“the solutions this Bill proposes will lead to the outcomes its supporters hope for—and the Bill risks damaging independent music”

by making

“the UK a less attractive place to invest and record”.

The British Phonographic Industry said:

“The Bill is premature in rushing to a legislative solution before the market impact…has been properly explored”.

We have had submissions from a huge range of hugely creatively and entrepreneurial UK labels. I will not even begin to read out the whole list, but I have here a letter with at least 20 logos on it. In November, a group of them wrote to the Prime Minister: “We are writing as a group of British independent record labels concerned about the unintended impact”—I do not think anybody has any doubt about the intent behind the Bill or, indeed, the Select Committee’s work behind it—“on our industry of the copyright Bill that is due to be debated in the House”. They urged us not to accept the Bill quickly as it is written but to take it as a spur, as the hon. Member for Cardiff West himself urged, to do the necessary research.

Jeepster Recordings, which is based in Hackney, wrote to the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) to say:

“I am writing to you from Jeepster Recordings in Stoke Newington. We are an independent record company based in your constituency. We began in 1996 and have a very small creatively successful back catalogue which includes the early Belle and Sebastian and Snow Patrol albums…We have deep concerns about the impact of this Bill on the future of our business and feel that there are parts of it that, if approved, will destroy a business we have managed to keep going for 26 years…As with a lot of small labels, we invested a large amount of money in our artists and struggled as a company at a financial loss for several years whilst promoting them in a market skewed in favour of the major labels”,

which is the point that the Bill seeks to tackle.

We are keen to make sure that we get this right and pass a piece of legislation, if that is what it takes, or work with the Competition and Markets Authority to put in place the right measures to make sure that the industry—the labels—respond in the right way. Ultimately, before the long and slow process of legislation, we would like to find an industry solution, if we can, which is why we have brought together a series of working groups with industry to start to put feet to the fire and ask some hard questions about what they are doing to make sure that we properly remunerate artists.

[Graham Stuart]

There is huge interest and real concern across the House about getting this right. Often the House comes together like this on an issue, but then somehow in the Government it goes into the sidings. Can the Minister reassure all colleagues across the House who want to see action that he and the Government are committed to taking it forward energetically?

[George Freeman]

I am grateful to my hon. Friend, a distinguished Back Bencher and former Minister, for raising that point. I myself have had private Members’ Bills, including ten-minute rule Bills, adopted by the Government; I have withdrawn them on the basis of an undertaking from the Minister. I have spoken to the hon. Member for Cardiff West, and obviously I understand that he wants to make his point, but I ask politely at the Dispatch Box, for the record, whether he might be prepared to withdraw the Bill today, work with me on tackling the measures in it, and bring it back in due course if he feels that the measures that I have put in place are inappropriate.