Data (Use and Access) Bill [HL]

Lord Berkeley of Knighton Excerpts

Consideration of Commons amendments and / or reasons
Monday 12th May 2025 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, the noble Lord, Lord Black, mentioned Beethoven. In declaring my interests as a composer, I should also mention that I have acted as an expert witness in cases of musical copyright. While doing that, I was asked by one of my learned friends, “What constitutes something that’s worthy of copyright?” I said, “Ba ba ba bom”. Why? Because that, in terms of the law, is a substantial idea. Just think what has been made of it ever since. The whole notion of copyright comes down to something valuable; it does not matter how long or how short it is. Creativity in the UK is already, I am afraid, in a somewhat parlous state and any erosion of copyright will add yet another cut to an already wounded body.

The Minister mentioned technology and, of course, we all use technology. We all want to use technology. The famous composers—wonderful songwriters, including Paul McCartney, Elton John and Sting—who have headed the letter to the Prime Minister, have all used technology to great effect. With the greatest respect, it is slightly insulting to say to them that we are pulling the shutters down because we want to know who is using our music. That cannot be something, intellectually, that holds water. People need to know how their music is being used. They have a right to know.

Why is this an important factor? Let me give the example, which I have mentioned once before in your Lordships’ House, of what happened with streaming. In other words, we have been bitten once already. In a way, I welcome opening music and the arts to the whole world through the internet, and streaming certainly does that, but what did it do? A very well-known musician, a top 10 artist, said to me the other day, “Where does all this money go? It doesn’t go to us”. If you ask Paul McCartney, Elton John or Sting how their royalties have changed over the years, they will tell you that they have gone down massively.

This is not just about famous musicians. Paul McCartney, Elton John and Sting would be the first to say that this is also about the little-known songwriters who at the moment make a pittance but are hoping to make something. Obviously, those famous names attract attention. It is quite right that they do and I am grateful for their support. However, there is also a whole other section, the contemporary classical music section, which I know supports the noble Baroness, Lady Kidron, as do writers, theatre directors and filmmakers. This is a very dangerous Bill if we cannot curtail this.

I am glad the Minister is listening and wants to help and wants to find a way through. If we do not make improvements to this, we could be short-changing something that brings an absolute fortune into the Treasury: not just a fortune in money but a fortune in joy. I have mentioned Paul McCartney, Elton John and Sting—think about what they have brought into people’s lives. Although my section, the contemporary classical section, may be less famous and less well known, those musicians too have a right to be heard. Their view is that, if you allow, for example, training—it is suggested that it might be okay to allow people to use our products in training—that is the thin end of the wedge.

When streaming came in, the record industry virtually disappeared. I know the manager of a classical record company who said to me, “Why would we want to record this piece? It’s already out there on the internet”. You have to think about what follows on from opening this world up. I think the Government are listening, and many noble Lords have pointed out exactly what the dangers are.

I certainly will support my noble friend Lady Kidron. She has done sterling work. We are not making a fuss about nothing. This is the thin end of the wedge and we have to try to curtail it now for the future of music—and indeed all the other arts—in this country.

[Baroness Stowell of Beeston (Con)]

I welcome the government additions made to the Bill in the Commons and endorse my noble friend Lord Camrose’s amendments, especially those relating to removing barriers to entry. It is vital that AI does not end up controlled by the same tech firms that dominate cloud, search and social media. This important new technology presents an opportunity for challenger firms and new markets to emerge, including affordable access to quality copyrighted data. Much of what I will say in a moment is very much with them in mind.

As to the amendment on transparency from the noble Baroness, Lady Kidron, she is right, in the context of copyright, to prioritise transparency. As I have argued before, whatever kind of solution is eventually adopted, opt out or opt in, transparency will be necessary for that solution to work.

The noble Baroness is also right to press the urgency of this. Content creators cannot afford to wait, so she has my support and my vote. Indeed, with the support of both the Conservative and Lib Dem Benches today, the Government could well be defeated. That would be most welcome. I am sure the Minister does not like me saying that, but that is my view.

That said, there are some aspects of the amendment from the noble Baroness, Lady Kidron, that may, at this juncture, be a little bit too prescriptive for primary legislation ahead of a policy decision on the solution for how to uphold copyright. I will focus briefly on what happens next if the Government are defeated tonight.

I strongly urge the Government not to do what they can: remove the clause that the noble Baroness would add to the Bill once it got back down the other end. Instead, what I urge the Government to do what they should: bring back an amendment in lieu. We all want a future for AI, where the creative industries and the tech sector—big and little tech—can be confident that the playing field for competition is fair and, when it comes to the use of copyrighted content, that they can strike mutually beneficial deals.

We may be a little way off from achieving that way forward, as is reflected in the Government’s additions to the Bill and the work they have promised over the next 12 months, but that work should not preclude the Government taking a power in the Bill to bring back secondary legislation to address transparency as soon as they have finished the work outlined in their Amendment 46. As other noble Lords have already argued, transparency is needed now and, as I have said, it will be relevant to whatever policy solution the Government decide on. So, a requirement on them to act in this area is not unreasonable.

From the perspective of content creators, who, it has to be said, may well be immensely powerful in ensuring that they get publicity and coverage of their cause, the future looks highly uncertain. So, a binding commitment with a deadline to bring forward transparency regulations at this juncture, while the Bill is going through Parliament, is reasonable if such a new clause is not overly prescriptive. That is what I would advise the Government to do next, assuming they are defeated tonight.