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

Debate between Seema Malhotra and George Freeman

Friday 3rd December 2021 Commons Chamber

[George Freeman]

I am delighted to give that assurance. I take the opportunity to thank my hon. Friend as a stalwart advocate of the Watford cluster and as someone who has been at the heart of music and online creativity. He is a tireless advocate for it in his constituency and in this House. The answer is absolutely yes.

I promised to give the House some details on the taskforces. We have commissioned multiple research pieces, including on equitable remuneration, rights reversion and the contract adjustment mechanism. We have established a music industry contact group, which I met this week. In addition, two industry working groups are being convened. One will look at a voluntary code of practice on contract transparency and the other will seek solutions to the data issues that the industry faces. The Government will assess the progress of those two groups.

I know that other hon. Members want to speak, so I will be brief. On the CMA market study, one of the first things I did as Minister was to write to the chief executive of the CMA. In that letter, I outlined my support for the Select Committee’s recommendation and asked the CMA to conduct a market study on streaming, which is under way. I am sure the House will appreciate that I cannot jeopardise its independence by saying here what conclusions it has reached. We will come back and report in due course.

We have also launched a market study into how other markets around the world are working and the lessons from those. In particular, we are looking at the independent advice from academics at the universities of Leeds, Middlesex and Ulster commissioned by the Intellectual Property Office, “Music Creators’ Earnings in the Digital Era”, which deals with a number of the issues that the Bill tackles.

Furthermore, in response to the Select Committee, we have asked the Intellectual Property Office to start gathering information on the potential impact of an equitable remuneration right. We have also commissioned a piece of work from the IPO on copyright reversion and a piece of research on the potential impact of introducing a contract adjustment mechanism, as proposed in the Bill.

I highlight that the EU directive on copyright in the digital single market, which we are not party to, having left the EU, will provide an interesting insight into whether and which measures are effective. Brexit gives us the freedom to learn from others and put in place the world’s best framework in the way that works best for our industry. I think I have made the point that we are deeply committed to stakeholder engagement, but I emphasise that over the coming weeks and months my officials and I want to move quickly, talking to everyone with an interest. I am determined to make that clear, and I ask anyone who is listening to the debate, or reading it, to contact me, and officials, if they have views that they want to be taken up.

We think that the Bill is well intentioned and speaks to a problem whose existence we recognise. Our instincts are to try to solve the problem through an industry-led package of measures that artists and musicians support, and we will be moving quickly to receive evidence and put proposals to the House, but I must make it clear that if we conclude that legislation is required, we will not hesitate to act.

I thank all Members who have spoken today. The debate has been a powerful demonstration of the level of interest across the House, across all parties and in all parts of the country.

[Seema Malhotra]

I thank the Minister for spending so much time outlining what the Government will do. He mentioned an industry-led solution. What does he consider to be within the scope of the term “industry-led”, and how much of that package would be musician-led and artist-led?

[George Freeman]

By “industry” I meant the whole industry, including the musicians who are key to it. The hon. Lady can rest assured that we will not just be talking to the record labels or the streaming companies; we will be listening to artists and musicians as well. We are keen to hear from people who have profited from the existing system, and from those who have not. We recognise what my right hon. Friend the Member for Maldon (Mr Whittingdale) referred to as the value gap. We want to hear from everyone who is affected by this issue, across the music spectrum, not just the bands that we have heard about but singers, session musicians, and all the other individuals who are affected.

I know that others want to speak—