Data (Use and Access) Bill [HL] Debate
Full Debate: Read Full DebateEarl of Clancarty
Main Page: Earl of Clancarty (Crossbench - Excepted Hereditary)Department Debates - View all Earl of Clancarty's debates with the Department for Science, Innovation & Technology
(2 days, 23 hours ago)
Lords ChamberMy Lords, I added my name to the amendment in the name of the noble Lord, Lord Bassam, and I, too, thank the Minister for the constructive meeting we had about the smart fund. While the creative industries are hugely important to this country, as was made clear in an earlier debate, artists’ earnings have suffered a real battering. As the noble Lord, Lord Bassam, said, the Authors’ Licensing and Collecting Society reported that authors earning all their income from writing decreased from 40% in 2006 to 19% in 2022, and performers and visual artists have comparable concerns about their earnings. The smart fund would provide a useful additional—I emphasise “additional”—means of funding in terms of fair recompense for creators.
The smart fund would be managed by established copyright societies, which have a track record of fair payment to creators, regulated by the Collective Management of Copyright (EU Directive) Regulations 2016. So that infrastructure, to a great extent, already exists. European schemes successfully provide royalties to UK rights holders. However, as acknowledged by the Government, this is under threat due to Brexit and alignment with such schemes would be extremely helpful.
I understand that discussions between DACS, the IPO and the Government have now opened up, and these discussions need to include DCMS. I say to the Minister that it would be helpful if Chris Bryant were made aware of what is said in this debate. This scheme could be introduced at little or no cost, which would be a win-win for everybody. Finally, I thank DACS and the ALCS for their briefings for this debate.
I support the amendment, to which I have attached my name, along with the noble Lord, Lord Bassam, and the noble Earl, Lord Clancarty. I declare my interest as a member of DACS, the Design and Artists Copyright Society, and I, too, thank the Minister for meeting us prior to this debate.
Today’s digital landscape presents unique and pressing challenges for visual artists that we can no longer ignore. A 2022 YouGov survey commissioned by DACS uncovered a revealing paradox in our digital culture. While 75% of people regularly access cultural content at least three times a week, with 63% downloading it for free, an overwhelming 72% of the same respondents actively support compensating artists for digital sharing of their work. These figures paint a stark picture of the disconnect between the public’s consumption habits and their ethical convictions about fair compensation.
The Netherlands offers a compelling blueprint for change through DACS’ partner organisation Pictoright. Its innovative private copying scheme has successfully adapted to modern consumption habits while protecting artists’ interests. Consider a common scenario in museums: visitors now routinely photograph artworks instead of purchasing traditional postcards. Under Pictoright’s system, artists receive fair compensation for these digital captures, demonstrating that we can embrace the convenience of digital access without sacrificing creators’ right to earn from their work. This proven model shows that the tension between accessibility and fair compensation is not insurmountable.
The smart fund offers a similar balanced solution for the UK. This approach would protect our cultural ecosystem while serving the interests of creators, platforms and the public alike. I hope the Government will look favourably upon this scheme.