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

Debate between Julie Elliott and Andy Carter

Friday 3rd December 2021 Commons Chamber

[Julie Elliott]

I thank the right hon. Gentleman for that comment. Our Select Committee has looked in great detail at this issue in recent months. I do not come from a musical background—you really would not want to hear me sing—but I have always been a huge music fan. I was always told off for spending all my pocket money on music—on Smash Hits, as it was in those days, to see the lyrics, and on vinyl. One thing came out when we were looking at the impact of the pandemic on the music industry. As people could not perform live, that source of funding completely stopped for musicians and artists, and we then went on to look at streaming. Until that point, I had not given a huge amount of thought to where musicians’ and artists’ money came from—it had not really crossed my radar to such a degree. As we went through this streaming inquiry, what became apparent was the absolute unfairness of the system on the people who produce the music we love. It is not the people at the top of the music industry that this Bill would affect to any huge degree, but the people coming through—not just those starting out, but those at a middling level, who are winning awards; we have probably heard of them but they are not quite at the top of their career. They are literally struggling to pay their bills and that is not right. If this is not put right, people will not enter the music industry because they simply will not be able to afford to do so. That is of no benefit to anybody and that is the issue that needs sorting out.

It was interesting listening to just how opaque some of the dealings are between the record companies, publishers and everybody else. I innocently said it sounded a bit like a cartel—I am not saying it is a cartel, but it just sounded like one. Trying to follow where money was coming from, where it was changing hands and where it was going to was almost impossible. This idea of equitable remuneration struck me as a sensible way forward. I am not saying it is a perfect solution, as there probably is not one, but it is a sensible way forward to at least begin to put right the issue that clearly exists. As we all know in this place, the way the digital world has transformed our lives over the past 20 years, in music or in anything else, means that it is very difficult for legislation to keep pace with the changing digital world. Digital skills need updating every five months, but legislation in this area certainly has not changed every five months. I am pleased that the Government have referred some of this area to the Competition and Markets Authority, because there are definitely things that need looking at there.

I turn now to contract adjustment and the fourth part of this Bill, which deals with the 20 years to give notice on a contract. I have been a little surprised at some of the things I have heard about that in the House today. When we start any job, we get a contract of employment. In this day and age, very few people will still be party to that contract of employment after 20 years. People enter into a legal contract when they get married, but there is nothing to say that after any point, if that does not work, they cannot give notice and go through a legal process to get divorced. Why should artists tied to record labels, often at a very early stage of their career when they often do not have sufficient advice and support, be tied to a contract for more than 20 years if they do not choose to be? Just as record companies can renege on the contract after however many records have been produced, it is right that after 20 years any artist should be able to do so.

[Andy Carter]

Could the hon. Lady explain to me a practical point on this? If one particular artist were to give notice, that would then mean that the piece of music could not be broadcast or used in streaming. What would that mean for all the other artists performing on that track?

[Julie Elliott]

I do not think the basis for the hon. Gentleman’s question is quite accurate—I do not think it has that impact. I do not think a period of 20 years is an unreasonable length of time after which to be able to give notice on a contract if somebody chooses to do so.

In conclusion, there seems to be broad agreement among most hon. Members in the House today that the impact of the streaming of music and of people’s work is not fair, that remuneration as it stands is not fair, and that it would be welcome if we could take this Bill to the next stage to look at it in more detail. If that ends up not happening today, I urge the Government to look carefully at this area of legislation. Something must be done to ensure fair and equitable remuneration for people starting out and moving through the music industry so that, as an old trade unionist like me would say, they get a fair day’s pay for a fair day’s work.