Creative Industries
Pete Wishart Excerpts(1 week, 4 days ago)
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Chris Bryant
The right hon. Gentleman used to be a Treasury Minister, so perhaps he can give us some tips on how we can secure that funding. I note that since July last year, Conservative MPs have developed a tendency to call for more expenditure and less taxation on things. I gently suggest to him that those two things do not meet together. If he gives me tips on how I can get more money out of the Treasury, I will give him tips on how to talk about demanding more money.
The right hon. Gentleman makes an important point about the sector: some of our biggest creative industries are completely commercially focused, including publishing, architecture, advertising and video games. However, I have tried to make the argument that the sector is a whole ecosystem; we do not get Great British films and a Great British film industry without a Great British theatre industry, and we do not get a Great British commercial theatre industry without having a subsidised theatre industry as well. We need to foster a combination of broadcasters, subsidised performing arts and commercially centred creative industries, and build on that.
The right hon. Gentleman refers to Arts Council England. As he knows, we have initiated a full review of how Arts Council England works, to ensure that the money does what it is intended to do around the whole of England. The review will be led by Baroness Margaret Hodge, who will be doughty—I think that is the best word—and I look forward to seeing what she comes up with.
Pete Wishart (Perth and Kinross-shire) (SNP)
The hon. Gentleman talks about the ecosystem, but he has done something that we have not seen for a long time: he has united every creative sector in opposition to his plans to water down copyright. Copyright has underpinned the success of our creative industries and made them global powerhouses. Yesterday, Sir Paul McCartney warned against those plans, and spoke about what could happen to all creative industries. Does the hon. Gentleman take on board what he says, and will he revisit the plans?
Chris Bryant
As I have said to the hon. Gentleman privately, and am happy to say again in public, I do not believe for a single instant that the legislation that we will eventually put to the House will undermine or water down our copyright regime in this country. It has been absolutely essential to the creative industries that they own their intellectual property and can control their right to it, and we will not change that. However, we face a real problem in this country, as do many countries around the world, which is that there is legal uncertainty around—
Chris Bryant
There is such legal uncertainty that the matter is being contested in different court cases around the world. This afternoon, I met Getty Images, which has brought one such case. We cannot simply wait for the court cases to resolve the matter for us somehow. I am sure that the hon. Gentleman would endorse elements of the consultation—for instance, those around transparency. Let us have that conversation. It is a genuine consultation. Earlier this afternoon, I said to my office that I am very happy for Sir Paul McCartney to come in; we can talk it all through with him.
Stuart Andrew
Given that the Minister has just been going on about 14 years of the last Conservative Government, I find that a bit hypocritical, but that does not surprise me.
The Government have also slashed retail, hospitality and leisure relief, and set out plans to burden businesses with more than 70 radical 1970s-style regulations, imposing £4.5 billion of additional costs on business. I am worried that there seems to have been a failure to protect the creative industries from the Chancellor’s growth-killing Budget, just as the Department failed to protect them from the Deputy Prime Minister’s radical Employment Rights Bill.
I welcome the £60 million support package, but will it touch the sides when measured against the impact of the Budget? Do not take it from me—take it from Arts Council England, which warned that the Government’s national insurance jobs tax will have
“significant implications for cultural organisations.”
Take it from the Music Venue Trust, which has warned that changes to retail, hospitality and leisure relief will put more than 350 grassroots music venues at
“imminent risk of closure, representing the potential loss of more than 12,000 jobs, over £250 million in economic activity and the loss of over 75,000 live music events.”
Pete Wishart
I am sure that, like me, the right hon. Gentleman has received a whole series of briefs from sectors across the creative industries. Their main concern is the possibility of a copyright exception and the watering down of our copyright regime. That is the thing that unites them in anger against this Government, yet the Minister did not even think to mention it in his half an hour or so of peroration. What is the Conservative party’s view on that issue, and will it work with us to try to oppose it?
Stuart Andrew
From the meetings I have had with the sector, I can say that the hon. Gentleman is right that that is one of the main issues that people are concerned about, but equally, they are very worried about the impact that national insurance contributions will have on them. I recognise that these are difficult and challenging issues, and we obviously want to work as constructively as we can on them, but we will hold the Government to account.
It is not just me that is saying all this. Take it from the chief executive of the Curve theatre, who warned that the Employment Rights Bill will have a financial knock-on for all theatres. The changes to business property relief will have a significant impact on historic houses—the settings for many iconic dramas and films such as “Downton Abbey”. The impact of those changes is significant.
I regret to say that the bad news for our creative industries does not end there, because unfortunately it is clear that Labour does not have a plan. It scrapped the Conservative Government’s review of Arts Council England, then launched a new review starting from square one. It spent more than five months in government before making any announcements on AI and the creative industries, quietly sneaking out a consultation eight days before Christmas, hoping no one would notice. To top it all off, they published a press release boasting about confirming the Conservative Government’s independent film tax credit.
As I said, I will work constructively with the Government, but they must take their fingers out of their ears and recognise that the choices they have made are potentially crushing our world-leading creative industries from being even greater successes. We want to build on the great success by people who over the years have done so much to build up the amazing creative industries we have in this country. Our creative industries are world leading, but they need stability and certainty to survive. There are lots of opportunities, but also a host of challenges, including the Budget implications, AI and copyright. We stand to work constructively with the Government where they seek to be ambitious, but equally, when we hear concerns, as we have over and over again in our meetings with the sector, we will push and challenge.
In conclusion, the UK can be proud of our amazing creative industries. Whether it is our fashion designers, film, TV, radio, photography, museums, galleries, libraries, music or performing arts, they offer real opportunities to this country’s economy and are something that we can be proud of. Yes, they provide a great deal of soft power, but if we are not careful, we are in danger of damaging them beyond belief. I ask the Department to press the Treasury to think again about the impact of the Budget choices that it made on the sector.
Max Wilkinson (Cheltenham) (LD)
The Minister referred to his greatest creative output, which apparently is hitting bookshelves soon. I am afraid I cannot match that—a Jaffa Cake haiku, which was cruelly overlooked by the McVitie’s marketing department, and a local news story about gnomes being banned from the graveyard in Wrington in north Somerset are as good as I can muster.
The creative industries are the lifeblood of our nation’s cultural wellbeing, and we neglect them at our peril. We must never ignore the voices of creators themselves. This weekend, many of us will have been disturbed to see the interview given by Paul McCartney about the challenge that AI poses to the creative industries and to creators.
The Government are correct to pursue artificial intelligence as a route to solving problems in our public services, boosting economic growth and creating new jobs. Nobody would argue with suggestions for speeding up and improving NHS treatment, removing pointless interactions with local councils or smoothing out bureaucracy for businesses in their interactions with Government Departments. In the creative arts, however, we have a very different challenge, and the Government must not put at risk the value of human creativity.
I will make no luddite arguments in this House—as the MP for the constituency that is home to the most influential cyber-cluster outside London, that would be daft. I am pro-business and pro-technology, as are the Liberal Democrats. I regard myself as a techno-optimist. Innovation is not just desirable but necessary. However, it is not an absolute, particularly when we are discussing threats to human creativity. I know that because my constituency is home not just to a cyber-cluster, but to a creative powerhouse. Cheltenham festivals bring visitors from around the world.
Because we are a creative powerhouse, I receive plenty of communication from creatives in Cheltenham. Robin, a composer, told me that he could no longer advise young creatives to rely on a job in the industry, because it simply will not pay. He told me that things will get worse if the changes to copyright go through. Let us consider for a moment the ability of the human mind to compose a tear-jerking piece of music, or of the delicate human hand to paint an evocative landscape or write prose to persuade, inspire, or move the reader. That is innately human. Such creative endeavour can and does change the world. It brings us growth, and so much more besides.
There is no doubt that technology has an important and positive role to play in this process, and it is already doing so. Technology and creative content must work side by side, but if original human creators are not compensated by default, we risk a future not of glorious, creative technicolour but of many shades of pale grey. Some have already warned that we risk a future of infinite pale grey, in which there is no incentive for humans to initiate any creative process whatsoever. It would be a dereliction of duty by Members of this House if they failed to engage with that risk as part of this discussion and the ongoing discussion about AI.
Last week, along with other MPs, some of whom are in the Chamber this evening, I joined a meeting with a tech company and one of its social media creators. I will not name the company or the creator; that would not be fair and would not add much to the debate. We were told of the huge growth potential for creators that the online and social media world presented. We were told that creators are employing teams of people to produce their content—a big jobs boost. During the discussion, they were asked what happens to jobs growth when a creator’s work is crawled by AI to the extent that it is reproduced hundreds, thousands or even an infinite number of times. If an answer came, however, it was not comprehensive or persuasive.
The mood music suggests that the Government and big tech firms favour an opt-out approach for creators, placing burdens on individual musicians, artists and writers to protect their work. I asked an expert about the potential risks of an opt-out approach and received an illuminating answer. The expert told me:
“For human creators, an opt-in model generally offers stronger protection.”
The first reason for that was control, as
“creators retain explicit control over how their work is used by AI”.
The second was compensation, as
“An opt-in system could be linked to licensing agreements, allowing creators to receive compensation for the use of their work in AI training”.
Pete Wishart
I am listening very carefully to the hon. Gentleman, and he is spot on about some of the dangers and threats posed to the sector by generative AI. Does he agree that there is a way to do this that could benefit and serve both AI and the creative industries, but that it will not involve a clearly unworkable opt-out approach? Indeed, it has never been explained how exactly that would work. Will he encourage other colleagues to look at working together to ensure we get a solution for both sectors?
Max Wilkinson
The hon. Gentleman is entirely right. I agree that the concepts of opt-out and opt-in need to be pursued at greater length.
Thirdly, the expert told me that the preservation of value offered stronger protection:
“By requiring explicit permission, an opt-in model helps maintain the value of original creative works.”
The expert did point out two drawbacks. First, an opt-in approach has potential drawbacks in the form of an extra administrative burden on creators. Interestingly, this expert’s second listed drawback was that an opt-in model would place limits on AI’s ability to gather data for training and development, which does not seem to me like much of a drawback for creators.
I asked that very same expert what would happen if creators lost their intellectual property rights to AI. The expert told me there was a risk of
“a loss of income and motivation, a devaluation of creative work, ethical concerns, legal uncertainty”
and, intriguingly, “domination by AI operators.” I use the word “intriguingly” because this expert seems aware of its own power—the expert was Google Gemini.
At this stage, those considerations are unknowns, and there is much uncertainty. Google Gemini is pulling information produced mostly thanks to human endeavour and discussion sourced from across the internet, but the fact that this view is being presented by AI itself surely suggests there is cause for some concern. Our role as parliamentarians must be to protect the interests of humans, not big tech companies; to scrutinise the proposals of big tech companies; to avoid the luddite tendency, crucially; and to build in suitable safeguards.
Pete Wishart (Perth and Kinross-shire) (SNP)
I refer Members to my entry in the Register of Members’ Financial Interests. It has been a long time since we have had the Floor of the House of Commons for a debate on the creative industries, and it is always a fantastic debate.
Pete Wishart
I see the Minister nodding along. We find out about all the dynamic enterprises and cultural activity in Members’ constituencies but, more than that, we find out about our colleagues’ hidden talents. I was as surprised as anybody to hear that we have a veteran of the punk days at the Roxy, as well as singers and film writers. We have an abundance of talent in the House, so I feel a bit more confident now: I lost my colleagues in MP4 when they stood down at the last election, so I am actively recruiting, and my door is open to any aspiring musician who wants to perform in MP4.
As usual in these debates, there has been a chorus of approval, support and satisfaction—as there should be—when it comes to the quality of the UK creative industries. We just do these things so well, and that quality has been ingrained in our cultural output. There is something that we do across the whole of these isles that just produces this conveyor belt of talent, imagination and creativity. We have successful creative industries because of the imagination of the people of this country. Is it not great that we can turn around and say that we could power our economy based on the creativity, invention and imagination of the people who inhabit these isles? But we need more than that to be successful. These things are mostly down to the creativity of the people who work in our creative industries, but we also need the right conditions: we need to provide the context and the environment for these creative industries to survive, develop and thrive.
For the last 60 years, we have been quite good at doing that. We have intervened when necessary. We have had conversations and debates about investment, what sort of support should go into the creative industries and whether we get the balance right. Of course, there have been political debates about Budgets and national insurance contributions, but we have basically had the right conditions for art and creativity, and the industry that comes with them, to develop and thrive. We have those things because we have an IP system embedded in UK law that is the envy of the world. It is the bedrock of our creative industries and the foundation of our success. Part of that is our wonderful copyright regime, which, again, is the envy of the world. It makes sure that artists are properly compensated for the wonderful works they produce, and ensures that they get recognised for the works they deliver.
We tamper with all of that at our peril. We have been here before. Back in the 2010s, when copyright exceptions were quite the fashion, the threat to so many of our creative industries was not from AI companies; it was from the internet service providers, the pirates and digitisation. Isn’t it funny that it is always the creative industries that are on the frontline when there are technical innovations? It is always the creative industries that seem to have to suffer because of what we are trying to achieve through technological innovation.
Looking around the Chamber, I think that only the Minister and the right hon. Member for Maldon (Sir John Whittingdale) are veterans of the Digital Economy Act 2017. That was probably the high point of the interest in copyright exceptions. Then, of course, the general philosophical debate was all around an unfettered internet that was to be free at the point of use for everybody. There was this absurd business model that we could somehow have all this high-quality content, and we would not have to pay for any of it. Of course, that was quickly knocked on its head, but we have its legacy with the arrival of the huge tech platforms, with tech brothers getting together and developing their own companies. We have massive tech companies that provide nothing other than platforms and that create very little of the content, and they are growing rich and fat off the creativity and invention of the people who actually provide that content—the artists and musicians themselves. The value gap between the musician, or the artist, and these big platforms and companies is something that we will have to address.
However, I do not think that we have ever had such a threat as generative AI; that is what we are looking at now. It says in my notes that I should have a go at the Minister now for having already made up his mind, but I am actually a bit reassured by what he said, and I think all of us should be encouraged. I really did think that the Government had made up their mind; I thought that they were going to go down the opt-out route without qualification. All the things they have said up to this point certainly seemed to confirm that, and the Minister’s grumpy tone during the statement on these issues did not help matters much, particularly when he had a go at the Chair of the Culture, Media and Sport Committee. It is good to have that reassurance, but what we now have to do—I am looking at colleagues who have contributed to the debate and expressed their concerns—is encourage the Minister gently, through persuasion. He knows the view of the industry and the sector, and I think he knows that it is overwhelmingly negative. He will not be able to find anybody in any creative sector who is telling him that what he proposes with the opt-out will work or is good for the creative industries or even for AI.
We have heard from several colleagues about this idea of a model breakdown, where AI starts to feed on itself. That is what we can expect, and I think the analogy with “Blade Runner” was fantastic. That is exactly where we will be going if we allow unfettered AI development to continue along the same lines. We have reached a really interesting point tonight. I think the Government are probably going to reconsider their position. They are going to take on board what Members have said—
Pete Wishart
I see the Minister shaking his head, but perhaps he will clarify all this when he gets to his feet. I know that the Government think they have a solution that somehow supports both the AI sector and the creative industries sector, but nobody actually believes that. I am sorry, Minister, but no one could go along with the idea that somehow, opening up the nation’s creative works to be scraped and mined would ever get us to a situation that could possibly be useful for the creative industries. I do not think it would be useful for the AI sector, either. That is a really important point when it comes to all of this, and we need to look at it properly.
Lastly, we have heard a few myths, including the idea that there is somehow unclarity about the laws that embed our copyright regime. That is just nonsense—nobody actually believes that. I do not think that even AI companies would say that there is any question about the legality of the copyright regime; it is just something that Ministers trawl out to try to create uncertainty in the sector, and it does not work. The one thing that is absolutely certain is that if we do allow AI companies to engage in unfettered text and data mining, there will be real difficulties. Some of the scenarios that have been painted by other Members who have spoken will be realised, and that will be very damaging for this Government.
We know that the Government are invested in AI. They are in an economic mess, and they are looking to grab at anything that will give them some sort of comfort. AI is obviously one of the areas they have identified that might bring this promised growth, giving them some sort of confidence and reassurance that what they are trying to do with the economy might get it to where they are seeking to take it, but we cannot be obsessively fixated on AI at the cost of so much of our heritage and culture. Where it is right that this Government proceed with AI, they have to take a balanced approach, one that looks after the interests of our nation’s creators, inventors and artists. So far, they have not been able to do so, but there are encouraging signs, so I am looking forward to the Minister’s response this evening. I hope that what he says will encourage us further.
Chris Bryant
I completely agree. One of my colleagues—I cannot remember which—made a point about freelancers. One of the problems in the creative industries is that so many people today are freelancers, and it is very difficult for them to enjoy a regular income, take out a mortgage and so on. My mother was a make-up artist at the BBC in the 1950s—she looked after Shirley Bassey’s wigs, among other things—and in those days that was a full-time paid role, but hardly a single make-up artist is afforded that today.
My hon. Friend the Member for Luton South and South Bedfordshire (Rachel Hopkins) made a point about the Hatters, but also about music and games in her constituency, and the importance of enabling emerging artists to prosper. My hon. Friend the Member for Hartlepool (Mr Brash) likewise made the point that we have to get beyond London and the south-east. That is sometimes a major issue in trying to attract commercial money into the creative industries, on which we are very focused.
My hon. Friend the Member for Norwich North (Alice Macdonald) made a point about the importance of devolution, because we want to be able to make sure that this extends across the whole United Kingdom. The hon. Member for Moray West, Nairn and Strathspey (Graham Leadbitter) made points—different cultural points—about books in Scots and the Gaelic song sung by Runrig. It is hardly ever mentioned that the hon. Member for Perth and Kinross-shire (Pete Wishart) used to play in Runrig. [Laughter.]
Another subject that was predominant in the debate was about creative education and skills. The hon. Member for Bridgwater (Sir Ashley Fox), who I think is in every debate I ever take part in, was absolutely right about the need to provide for greater skills in film. That is one of the things international companies come to the UK for, because we have such great film skills. In the past, such people were often trained by the BBC, but there is now very a different structure.
The hon. Member for Wimbledon (Mr Kohler) told us about his musical past, but he clarified for us the difference between correlation and causation: I think the Roxy closed on the day he sang there or played there, not because he played there. My hon. Friend the Member for Truro and Falmouth (Jayne Kirkham) made a very important point about Falmouth School of Art, where Tacita Dean, among others, trained. Of course, being able to have those centres of excellence spread across the whole of the United Kingdom—whether down in Falmouth or in Margate in Thanet—is really important.
In fact, my hon. Friend the Member for East Thanet (Ms Billington) made the point about the next generation and the inequality of access to the arts for many people. She also made a really important point about neurodivergent people. An interesting fact I came across when working with people in the jewellery industry is that more than 50% of people who work in jewellery are neurodivergent, and that is enabled by the Responsible Jewellery Council. The hon. Member for Eastleigh (Liz Jarvis) made an important point about the drop in A-levels and other exams. We need those skills not just for the arts themselves, but for all other industries, because those skills are needed by everybody.
I will come back to the hon. and learned Member for North Antrim (Jim Allister) and the hon. Member for Strangford (Jim Shannon), but I notice that they want to bulldoze barriers. The hon. and learned Member almost persuaded me that Brexit was not a very good idea—I am probably not meant to have said that.
On financial burdens—a couple of Conservative Members mentioned the issue of national insurance contributions—I understand the political points that are being made. However, I would just point out that 50% of businesses will pay less in national insurance contributions or the same under the new scheme. Considering that most businesses in the creative sector are smaller than in the wider economy, that probably means there is a higher percentage in the creative industries. I do not want to diminish the concerns of many in this sector, but I do want to get this right.
I think my hon. Friend the Member for Stirling and Strathallan (Chris Kane) referred to the problem of people not paying for content and, for that matter, not paying artists when they come and perform. How often is it that everybody says, “Oh, we’ll get a singer along—I’m sure they’ll do it for free”? That is one of the things we need to put an end to, because in the end it should be possible for people to be able to make a living properly in the creative industries.
Several Members referred to the issue of music venues, including the hon. Member for Bath (Wera Hobhouse), who also spoke about financial backing in her own constituency, and the hon. Member for Brighton Pavilion (Siân Berry), to whom I have to say that I was really not convinced by the idea of curtailing the period of copyright to 10 years. I think that would destroy the livelihoods of thousands and thousands of people in the creative industries in the UK, but if she wants to put it to the electorate, then good luck with that.
I do not know how to refer to them—the Waldorf and Statler over there—but it is great that the hon. Member for Gosport (Dame Caroline Dinenage) and the right hon. Member for Maldon (Sir John Whittingdale) both talked about the Soft Power Council, and I am glad we have got that up and running. I would be interested to hear whether they have specific ideas about what we should do. Good points were made by several Members about the British Council. I thought it was an act of vandalism a few years ago when it was effectively cut into ribbons, and it is a job of work for us to put it back together.
The hon. Member for Gosport is right about the Creative Industries Independent Standards Authority. We are committed to that, and I do not think that work is yet completed. I praise Jen Smith and Baroness Helena Kennedy for the work they are doing, and anything that we can do to help, we will. The hon. Lady is also right about British stories. We want a mixed economy. We will talk about this more at the Select Committee tomorrow morning, but we want a mixed economy in film and for everybody to come and make their films here—American movies, Korean movies, Spanish movies, whatever—but we also want to make British stories in Britain that reflect the Britian that we live in, keeping some of that British IP in the UK so that the value remains here. The right hon. Member for Maldon rightly referred to the cultural protection fund, which of course we are committed to. That is important, not least in relation to our work in Ukraine.
Many Members mentioned artificial intelligence, and I fully understand the levels of concern, so let me say a few things. First, intellectual property is central to the viability of the creative industries, both individuals and the industries themselves. What are they selling, other than intellectual property?
Secondly, many creative industries of course use AI— my hon. Friend the Member for Bury North (Mr Frith) referred to this in his very good speech—including Paul McCartney in the last year. I do not for one minute suggest that the creative industries are luddites—people seem to think that I have said that, but I certainly have not and it is not what I believe.
Thirdly, good generative AI needs good quality data, and that means licensing—paying for and getting permission for good quality data that is embodied in creative intellectual property. Mike Gross of Data Conversion Laboratory has made that point, and he knows his stuff. I suspect that in future the really good successful generative AI companies will be ones that go down that route.
Fourthly, we seek more licensing—in other words, more remuneration—greater control of rights, and legal clarity for all, and we are seeking to achieve those three things combined. As I said earlier, this is a genuine consultation. All of us are listening. I am doing most of the meetings with the creative industries. I know my counterpart in the Department for Science, Innovation and Technology, the Under-Secretary of State for Science, Innovation and Technology (Feryal Clark) is doing lots of meetings with the creative industries and people in AI, but most meetings with the creative industries are my job.
Doing nothing is not an option for us, as that would simply mean that we would have to wait for the courts to do their work. In truth, several court cases are already going on. Some of them have come to mutually contradictory views in different jurisdictions, and they do not necessarily provide the clarity of precedent that we might want. It is surely wrong that the only people who can enforce their rights are those with the deepest pockets who can afford to go through long, protracted and expensive court cases. I do not think doing nothing is an option. I am very much in the business of listening to what people think we should do. I have heard quite a lot of the things that people think we should not do, but I would love to hear things that people think we should do.
Quite a lot of people from the creative industries have knocked on my door. We have had meetings. Indeed, we have had very open meetings, and people have expressed their concerns. They have expressed support for some elements, including some that have not even been mentioned in this debate. I am determined to keep on listening to the debate, and to try to find a solution that delivers for the creative industries and for artificial intelligence. It cannot be beyond the wit of humanity to be able to deliver that.
Pete Wishart
It is encouraging that there is real positivity to the Minister’s comments, and I understand that he is trying his hardest to resolve a tricky question. He has heard the creative industries, and he knows that this idea of an opt-out does not work for them. It is all good telling us what we are not supporting and what we would support, but what does he support? If the opt-out is not going to happen, what would he do?
Chris Bryant
I support securing more licensing, greater control of rights and legal clarity for all. The hon. Gentleman is absolutely right. As I said to the right hon. Member for Maldon, there is not a version of rights reservation that works at the moment and is simple and easy. As an author, I know that if someone wants to register for the public lending right, they have to go online and register each of their works. That is relatively simple and straightforward for someone who writes books, because they have only two or three or four. For a photographer, it is a completely different business. We have to come to a technical answer that works for everybody. If there is not a technical answer, we will have to think again. That is the sum total of where we are at. Everybody has supported the transparency measures that have been referred to. It might be that Members would also want to support some of the rights to a personality that have been exercised in some parts of the United States and other parts of Europe that have not been referred to.
I am sure everybody wants me to stop by now. The hon. Member for Gosport referred to several songs that she thought I should adopt as my motto. I think one was “Respect”. I am not sure whether she meant Aretha Franklin’s “R-E-S-P-E-C-T”, or Erasure’s “A Little Respect”, which I prefer:
I try to discover
A little something to make me sweeter.
I am not sure which of those two she prefers, but I think I will rely on Depeche Mode in the end. When it comes to the creative industries,
I just can’t get enough.
Question put and agreed to.
Resolved,
That this House has considered the creative industries.
Artificial Intelligence Opportunities Action Plan
Pete Wishart Excerpts(3 weeks, 4 days ago)
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Peter Kyle
At last, there is a great advocate for a sustainable, fully funded, fully costed compute landscape for our country. That is something we have begun announcing in today’s plan, and into the spring I will announce further strategy on compute. I want to make sure that we have the right resilient, sustainable investment that our country needs when it comes to public compute. We have committed today to increasing our public compute by a factor of 20 in the next five years. That shows the scale of our ambition. My hon. Friend can rest assured that when we make announcements on the compute needs of our country, particularly when individual institutions are involved, they will be fully costed, they will be fully funded and they will be delivered.
Pete Wishart (Perth and Kinross-shire) (SNP)
People in our world-class creative sector will not be in the least bit reassured by the Minister this afternoon. Our artists face the real prospect of their wonderful works being ingested by AI companies without recompense or even permission. We know that the consultation is ongoing, but what people want to hear is the Minister’s intention when it comes to copyright. Can he reassure people who are listening today that our wonderful copyright regime will remain in place at the end of this process?
Peter Kyle
We are already on record as saying that we want more licensing of copyrighted material, not less. The hon. Gentleman’s characterisation is a mischaracterisation of the intentions of this Government. The consultation is there, and we want to hear from people. We will deliver a way forward that harnesses all the opportunities of the creative industries into the future, not based on the past. We will allow AI companies to come here and invest into the future. We do not need to pit both sectors against each other. We as a country should celebrate that we have an economy so diverse that we can have the best of both sectors. We can have world-class sectors in both AI technology and the creative arts. That is something that we celebrate, but we seem to be the only party in this House that does.
Live Events Ticketing: Resale and Pricing Practices
Pete Wishart Excerpts(3 weeks, 4 days ago)
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Chris Bryant
Yes, I do. Incidentally, there is another point on which we want to make real progress. We must have not only the massive gigs that everybody loves going to—where you can celebrate with thousands—but very intimate gigs. One of the most special moments is seeing a band perform first in a tiny venue of just 100 or 150 people, and then seeing them in a massive venue, performing at Glastonbury or whatever it might be. We need to look at the whole of the music system in the UK. That means a creative education for every single child—wouldn’t it be good if every child had the opportunity to go to live music at least once a year, as well as the opportunity to learn a musical instrument or learn how to sing? Those are all parts of the whole-of-music approach that we need in this country.
Pete Wishart (Perth and Kinross-shire) (SNP)
I warmly congratulate the Government on bringing forward these measures, which I wholeheartedly support. I was very surprised by the response from the Conservative Front Bench; I think they have got caught up in some garbled, ill-informed nonsense, but I really hope that in time, they come on board with these proposals, because they are important. For too long, music fans have been ripped off and abused by the touts and scalpers, who have been nothing other than parasites on our live music sector, so I wholeheartedly welcome these proposals.
I pay tribute to the hon. Member for Washington and Gateshead South (Mrs Hodgson), as well as the FanFair Alliance—which has been campaigning on this issue for such a long time—and campaigning newspapers such as the Daily Record that regularly feature large articles on it. While we have this in place, I would like to hear more about the proposals on dynamic pricing, which I think is the issue that perplexed music fans more than anything else over the summer. We now have some sort of routeway towards resolving ticket touting, but we need to hear more about exactly what the Minister will do about dynamic pricing, because that is something that needs fixed.
Chris Bryant
It is always a delight to be able to please the hon. Gentleman—as I think he would confess, that is not an event that happens very often on the Government Benches. I am not sure whether any tickets are available for his music gigs, or whether they are selling at multiple prices, but he has been a doughty campaigner for the creative industries over the years, and I welcome that.
We were very clear in the general election about what we were going to do in relation to the primary issue. We did not make any commitments around dynamic pricing, which is why we are offering a much more tentative approach to that issue. We also know that there are forms of dynamic pricing that work extremely well; when a person buys a last-minute theatre ticket, that is a form of dynamic pricing, because you want to get the theatre full at the end of the day. We want to tread a bit more carefully in that area, which is why we are launching a call for evidence, rather than presenting our proposals at this stage. If the hon. Gentleman has got good ideas about what we should do, my door is open—do come and talk to us.
Dynamic Ticket Pricing
Pete Wishart Excerpts(4 months, 4 weeks ago)
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Dame Caroline Dinenage
I could not have said it better myself—that is exactly what it is. We understand the laws of supply and demand, but we also understand the laws of transparency and fairness. What is more, once ticket purchasers were through to the payment screen, fans realised that they only had a very limited time to decide whether the hugely inflated prices were worth paying. Someone compared the ticket purchase after such a long wait to the dopamine rush of a gambler. The £150 to £400 price increase meant that the transaction was no longer a choice, but more of an impulse buy.
I have heard many people say that the dynamic pricing method is used effectively in other sectors, and that the technology is a perfect demonstration of the dynamism of a free market. Even within the music industry itself, there is dispute as to whether dynamic pricing has a place and is an acceptable way forward.
Pete Wishart (Perth and Kinross-shire) (SNP)
I congratulate the hon. Lady on securing the debate. I was hoping to secure a debate on the subject myself but she beat me to it. There seems to be an issue about who is to blame for all of this—no one is taking responsibility for the issue of dynamic pricing. Ticketmaster is blaming the management and artists, and they are blaming those who were promoting the events. As she is now the Chair of the Culture, Media and Sport Committee, will she look into this on behalf of the House and find out exactly why this has happened, with a view to having it stopped and outlawed entirely?
Dame Caroline Dinenage
I am very fortunate to have been re-elected as the Chair of the Culture, Media and Sport Committee, but we do not have any members of the Committee yet. Any decisions about what the Committee will look at will very much be a group decision jointly taken, but this is certainly something I will be putting forward. I know the Minister has already announced some consultation of his own.
To return to dynamic pricing and the laws of supply and demand, mentioned by the hon. Member for Strangford (Jim Shannon), this is something that is used across different marketplaces. Uber employs a smart dynamic pricing mechanism that adjusts the cost of journeys in line with changing variables, such as traffic and current rider-to-driver demand. Hotels and airlines are another market that uses dynamic pricing, but they are very different. If people are stuck at Waterloo station, as I sometimes am, an Uber is not the only option of travel and, when people go on holiday, multiple airlines offer flights to the same city and different hotel options, but when it comes to live music, particularly in cases such as this one, there is one artist and one opportunity to buy a ticket.
The imperfections of the dynamic pricing mechanism were obvious to anybody who attempted to buy a ticket on this occasion, but whatever the rights and wrongs of its suitability for music ticketing and this market place, the most important issue is that fans were not warned about the use of dynamic pricing before they entered the digital queue. Those are the faults that led the Competition and Markets Authority to open its investigation into this debacle. It meant that people had no idea how much a ticket would cost when they logged in. Many fans ended up paying at least double the original listing price of £148, so four standing tickets could cost an eye-watering £1,400 once service and order processing fees were included. The CMA says that it will investigate whether fans were given “clear and timely information”.
Any free market economist would call this a classic case of information asymmetry. There was certainly a lack of clarity over how high ticket prices might eventually go, with the additional chaos of a time limit putting pressure on fans to make an imminent decision about whether they were going to buy.
Ticketmaster claims that the dynamic pricing mechanism is the best way to deter ticket touts, the logic being that any tout buying tickets in bulk would increase demand and therefore see his or her prices and margins slashed. The Guardian has already said that secondary ticketing platforms are advertising more than 4,500 tickets for this tour already, including from one tout who claims to have at least 33 tickets for Cardiff, Wembley and Murrayfield listed, for a combined price of over £26,000.
I am glad that this summer the Government announced a consultation on the secondary ticketing market, where tickets are sold in bulk by touts who often use bots to scout for tickets at face value and sell them well beyond the market value, but will the Minister set out the parameters and timescales for the work? When will it happen and what is it likely to include? He has now announced that the investigation will be widened to consider dynamic pricing and what happened in the Oasis situation, so can we have a reassurance that the eye will not be taken off the ball of the original consultation that he announced in the summer?
There are so many aspects at play. This method of resale is also the culprit for a large amount of money lost to fraud, with Lloyd’s estimating that £1 million was lost to scammers during Taylor Swift’s Eras tour alone. Will the Minister tell me whether the secondary market consultation will include conversations with digital search engines that are signposting customers into the hands of touts and not doing enough to get them direct to principal sales sites?
There is scope for an entire primary market review and for ticketing to be reviewed on a much wider scale. The Oasis episode has opened the eyes of fans to potential anti-competitiveness within the industry. As complaints about the ticketing process began to flood in, Oasis said it was their management and promoters who had agreed a dynamic pricing strategy with Ticketmaster. But, of course, their three tour promoters all have links to Live Nation, Ticketmaster’s parent company and, in effect, they are all the same party. So that party is making money hand over fist through the system, which keeps everything under the Live Nation umbrella.
For a typical tour, a Live Nation subsidiary promoter might take 10% of the face value of a ticket. A service charge of perhaps a quarter of that face value will then be applied, and some of that money will be going to Live Nation-owned Ticketmaster. The venue will take a cut at this stage, which, in all likelihood, will be a Live Nation-owned venue, too, as it owns 28 festivals and venues UK-wide. The process is repeated at resale, if people go through Ticketmaster at a higher cost than before, leaving Live Nation with an even greater cut.
The Minister does not need to be a public intellectual to see that there is a real perverse incentive for Ticketmaster to see tickets in the hands of touts. He will know that the US Department of Justice has slapped Live Nation with a lawsuit, citing anti-competitive conduct, while it is now well established that the company has a near monopoly in the UK.
Dynamic pricing is quite an effective way of rewarding a near-monopoly, with no upper limit on ticket prices, meaning a greater cut for the parent company. The great sadness of all this is not only that the system is punishing the fans—in this case, those Oasis fans for whom the music was so totemic, so life changing back in the ‘90s—but that, to add insult to injury, there is no trickle down to the live music ecosystem, like the grassroots music venues that Oasis first played in while honing their skills, the venues that made them, such the Boardwalk in Manchester and King Tut’s in Glasgow.
Although Oasis have since announced further tour dates, tickets to new dates will be sold at face value via invitation-only ballot. I cannot help feeling that the fans who paid through the nose via dynamic pricing are going to feel very hard done by.
I encourage the Minister to look at ways to amplify fans’ voices within the live music ecosystem. He might start by responding to the Culture, Media and Sport Committee’s report into grassroots music, which I have already mentioned. It was published in May. I know that we have had the small matter of a general election since then, but I would like to know when the response is likely to be forthcoming and whether the Government are minded to accept its recommendations. The recommendations include one for a fan-led review of music—something like the fan-led review of football that was led by my still friend, my former hon. Friend, the former Member for Chatham and Aylesford, Tracey Crouch—to look at how the music pyramid functions and how the money trickles down from the big players to those small venues and fledgling songwriters and artists.
The recommendations included a targeted VAT cut, which to grassroots venues would have represented a final hour of salvation in a sector that is widely accepted to be in crisis, and a live music levy, which would take a small proportion of the service fee from the pockets of the big venues and bring them right down to the struggling businesses at the grassroots. What is most pertinent to me about all this is that, while many of the 28 venues and festivals in which Live Nation owns a stake are flourishing, grassroots music venues are closing at a rate of two a week.
I am sure that the Minister is aware that, of the 34 music venues in which Oasis played on their first tour back in 1994, only 11 are still open today. And those venues are so crucial. They are absolutely fundamental to incubate our world-renowned talent. They are the R&D department for the music industry. They are a massive feeder into something that is fundamental to the UK economy and crucial to our soft power around the world. In a ticketing market gone wrong, there might have been a gram of comfort to some of the fans paying through the nose for their ticket if they knew that, in paying it, some of the money was protecting grassroots music venues in their communities and germinating the Oasis of the future.
I know that, like me, the Minister wants nothing more than to see our musical talent continue to thrill fans both at home and around the world, but behind every great act is a chance performance at a low-capacity venue that is struggling to keep the lights on, that is at financial breaking point, and that is a hair’s breadth away from closing its doors.
The Minister for Creative Industries, Arts and Tourism (Chris Bryant)
It is a particular delight to see you in the Chair, Madam Deputy Speaker; I have not had an opportunity to congratulate you on your election—hurrah!
It is also a great delight to see the hon. Member for Gosport (Dame Caroline Dinenage) and to congratulate her on her election. Not many Tories have been elected to many things this year, but it is a great delight to see that she is returning as the Chair of the Select Committee on Culture, Media and Sport. She knows a lot about this subject and has devoted a lot of her time and energy to it, and I look forward to working with her. I am sure there will be times when she has cross words with me, but sometimes cross words make Governments better. That was certainly my policy when I was sitting on the Opposition side of the House, so I am sure that what is good for the goose is good for the gander.
Live events are really important to the British creative economy, and to the whole economy in the UK. It is the joy that they bring. I am sorry to start with a Kylie reference—well, actually I am not—but I would defy anybody to have gone to the Kylie concert in Hyde Park this summer and not come away bouncing with joy and full of the joys of spring. It was beautiful. It was amazing. It was thousands and thousands of people in a royal park enjoying themselves and celebrating. For others who went the night before, it was Stevie Nicks, in a completely different vein, but none the less providing that same sense of joy. That is an important part of what live events can do—that sense of being part of an enormous crowd of people enjoying either singing along or listening and that special sense of being together.
Live music is really important to our economy. I remember, it must be a year ago now, being in Newcastle: Sam Fender was performing at St James’ Park and we went to see P!nk, who was on at the Stadium of Light. That must have brought millions of pounds into the local economy. It was certainly an awful lot of money for the local hotels. Down in Cardiff we have lots of concerts, which many people from the south Wales valleys go to, and people come from all over the world. When Springsteen was there earlier this year, Cardiff basically had to be closed off, but the knock-on for the hotels, the bars and the hospitality industry was really significant. It was also significant for tourism, for which I am also the Minister.
It was reckoned that 200,000 people in the UK worked in the live events industry last year and it is an important part of what we do. It is part of the reason many people want to come to the UK. If I may gently say so, one of the things we would like to sort out is British acts being able to tour elsewhere in Europe, but it is good that Europeans are able to come here to see some of our acts.
The hon. Lady makes a really important point that this issue is not just about very big venues; it is about small venues as well, and I do have anxiety about the state of play for many of them. Some of those problems are shared with the whole of the hospitality industry, incidentally—skills, staffing, the costs of fuel, security and so on—but it is a simple fact, as she points out and as her Select Committee has pointed out, that there have been far too many closures over recent years. We stand ready to do what we possibly can to try to slow down, if not halt, that process of closure, because she is right: if an act does not have somewhere to start with a capacity of 250 or 300 or 500, how will they ever grow to end up filling Wembley or any of the arenas we have been talking about? The value in live events is created by the artist, the fans and the venue—it is a combination of the three; it is not created by ticket touts—and it is that combination that we really have to work on.
The hon. Lady is absolutely right that ticketing has changed. I remember once when I was in Saint Petersburg, or Leningrad as it was then—that is how old I am—I went to buy tickets for the opera and we bought tickets that were rolled up in a little peg hole. That is what a ticketing system used to be. That is what theatres used to have in the UK. Then we changed over to a system of having a physical ticket that we presented. Many of us have kept all our tickets for all the shows we have ever been to; I know friends who have collections of Orchestral Manoeuvres in the Dark tickets through the years and so on. Now, of course, we have a completely online, digital system. That is great in many ways. It can be easier and enhance security, but it can also be much more difficult, and has produced a whole set of new challenges for fans, artists and venues to make the market work effectively: barcodes, QR codes and all the rest of it; transferring a ticket from one person to another; different apps developed by different venues, and so on.
There are very new challenges. First, there is security, to which the hon. Lady referred, and someone getting the ticket that they actually paid for, rather than a ticket that did not exist in the first place. We have all heard hideous examples of that, and it is an embarrassment for us all that over recent years we have seen so few prosecutions in that area, despite the fact that nearly all of us can cite instances of constituents falling prey to those who are effectively selling tickets that they thought they might be able to buy online but do not possess. People then turn up to the venue and find that their tickets are not being honoured because they were not tickets in the first place. That is a security issue in the modern market.
There is also a fairness issue. The hon. Lady points out the experience of people logging on at 9 o’clock and sitting there for hours and hours. It is a system in which we have no idea how somebody gets to be number 1,273 rather than 1,884 in the queue. It seems completely and utterly random, but one suspects that there might be clever means by which people who have deep pockets and know how to navigate the system are able to manipulate it. It is clear that there are many instances of bots effectively hoovering up a large number of tickets using lots of different IDs, credit cards and the rest of it. That is an issue of fairness. Is everybody queuing fairly or not?
Then, there is the question of transparency. Online sites are not as open as they might be about the real or original cost—the face-value cost—of the ticket that they then sell for a different price. Some people say to me, “Well, it says ‘FV’, and all you have to do is click on the FV,” but why do sites not make the face value immediately obvious? Let me give the House one instance of inflated pricing, which is much more excessive in the secondary market than the hon. Lady said.
If someone who wants to see Dua Lipa at the Royal Albert Hall on 17 October visits the Viagogo site, they can either buy a ticket with a face value of €63 for £912— I do not know why it is cited in euros—or they can buy a ticket with a face value of £70 for £1,000. Or—and this is my favourite—they can buy for £9,444 a ticket that has a face value of £126.38. As the hon. Lady rightly said, not a single penny of the difference between £126 and £9,444 will go to the artist, the venue, the cleaner or lighting expert in the venue, the person who wrote the songs that Dua Lipa will sing, or the fans. It is simply going to Viagogo, and I think that that is unfair. It is not right; it is inappropriate. I know dozens and dozens of artists who are utterly embarrassed about the situation in which they find themselves, and they want us to act in this sphere.
Pete Wishart
We are delighted that the Minister is on top of this and knows about the issues and difficulties, but we are more interested to hear, in the time that he has left, about what he will do to resolve it. There have been reports from the Competition and Markets Authority and the Select Committee of the hon. Member for Gosport (Dame Caroline Dinenage). Will the Government look at them constructively and bring in legislation so that this is no longer a feature of live ticket sales?
Chris Bryant
The hon. Gentleman is a terribly impatient man; I am just coming that. [Interruption.] No, we have until 7.30. He is right that we must take action on the secondary ticketing market, and we committed ourselves to doing so during the general election. We believe that those people are denying true fans the opportunity to buy tickets on the primary market and are pocketing any profit for themselves. As I said, very little of the additional revenue actually goes to artists, venues or anyone working in the live venue sector more generally. The Government are committed to putting fans back at the heart of live events, and to clamping down on unfair practices in the secondary ticketing market.
That is why we have committed to introducing new protections for consumers on ticket resales, and we will be launching a consultation in the autumn to find the best ways to address ongoing problems on the resale market. The consultation will consider a range of options, including revisiting recommendations from the Competition and Markets Authority’s 2021 report, such as putting limitations on the price of tickets listed for resale over the face value; limiting the number of tickets that individual resellers can list to the number of tickets that they can legitimately buy via the original platform; making platforms accountable for the accuracy of information about tickets that they list for sale; and ensuring that the CMA has the powers that it needs to take swift, decisive action against platforms and touts to protect consumers.
We want live events ticketing to work for UK fans. I would say that the market was made for humanity, not humanity for the market, and sometimes Government need to intervene to ensure that the market does indeed work for humanity.
Oral Answers to Questions
Pete Wishart Excerpts(1 year, 9 months ago)
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Julia Lopez
My hon. Friend has tremendous passion and expertise in this area and I know that, like me, she recently met Mark Davyd from the Music Venue Trust, a grassroots music venue organisation. I discussed with him a range of issues facing the sector, including energy costs and ticketing, and various proposals that involve both Government and the private sector. We are exploring how we can help those critical grassroots music venues to survive because, as my hon. Friend recognises, they are vital to the development of talent in our wider music industry.
Pete Wishart (Perth and North Perthshire) (SNP)
Brexit has been an unmitigated disaster for touring musicians right across the UK and within the EU. The international language of song and music is being constrained by a barrage of bureaucracy and opportunities lost across continents for generations. Bands from the EU now say they will boycott the UK because of what they describe as degrading treatment at our borders, and most UK bands have given up trying to enter the EU at all. The all-party parliamentary group on music recommended appointing a touring tsar to fix the problems. Whatever has happened to that, and what is wrong with that suggestion?
Julia Lopez
The hon. Gentleman is right to highlight how valuable and life-enhancing UK music is, including the folk rock that he produces, and I know Europe is eager to hear it. He paints a fairly bleak picture of touring, but we have been doing a whole range of work to unblock some of the issues that have been raised with us by touring groups. There is now a range of visa, transport and other arrangements, but it is in our interest to make sure that those music bands can reach their key audiences, and we continue to look at what other frictions there are so that we can try to unblock them.
BBC: Government Role in Impartiality
Pete Wishart Excerpts(1 year, 10 months ago)
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Julia Lopez
I agree that the BBC should be given space to carry out the review and to set out clear guidelines. The Serota review made it crystal clear that seniority, profile or role do not exempt anyone from having the rules applied to them, and I think that is something that needs to be teased out in this review.
Pete Wishart (Perth and North Perthshire) (SNP)
The behaviour of the Tories in the past week has been shameful and reprehensible. In fact, they remind me of the black-headed gulls harassing that puffin in David Attenborough’s “Wild Isles”, but it is just not working. Fifty per cent. of Britons have a positive view of Gary Lineker compared with 30% who do not, whereas only 25% of UK voters would vote for the Conservative party if there was an election tomorrow. I know the Minister will never become the host of “Match of the Day”—nor will any of her Back-Bench colleagues—but who does she think would win if Gary Lineker went head to head with her in an election tomorrow?
Julia Lopez
I think I thank the hon. Gentleman for his question, but I am not entirely sure what his point was. I have no response beyond saying that there was no attempt to interfere politically with the way in which Gary Lineker’s case was handled.
Oral Answers to Questions
Pete Wishart Excerpts(1 year, 10 months ago)
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Lucy Frazer
As the hon. Member will know, there is an investigation by the commissioner for employment. It is ongoing and I am awaiting the outcome.
Pete Wishart (Perth and North Perthshire) (SNP)
The Minister of State, Department for Culture, Media and Sport (Julia Lopez)
Department for Digital, Culture, Media and Sport Ministers regularly engage with music industry representatives from across the live music and recorded music sectors. I met representatives from Live to hear directly about the challenges facing musicians. I look forward to meeting the Music Venue Trust shortly, to hear more from the grassroots music sector on the cost of living pressures.
Pete Wishart
I am sure the Minister will want to join me in congratulating Mae Muller on being selected as the UK’s representative at Eurovision in Liverpool.
Surely the Minister acknowledges that the creative sector has probably been the most heavily impacted sector throughout this cost of living crisis, and that musicians have probably been the most impacted within that sector. Earnings for recordings are next to zero, Europe is effectively closed to them, musicians who want to travel to the US face visa problems, and studios and rehearsal spaces are at great risk because of sky-high energy bills. The charity Help Musicians has found that 90% of musicians—the lifeblood of the music sector—are worried about how they are going to pay their next food bill, and half are thinking about leaving the industry. Does the Minister believe that this is the worst possible time to be an aspiring musician, and what is she going to do to rectify the situation and support our musicians?
Julia Lopez
As a musician himself, the hon. Gentleman is a tremendous champion of the music industry, and I appreciate all the work he does. He has raised a series of points. On an individual level, the Government have put forward a substantial package to help people through the cost of living crisis. That is an extension of the cultural recovery fund. We also have the Arts Council England fund for supporting grassroots live music. He highlighted issues about US visas, which I am very concerned about and on which we are engaging with US counterparts. I encourage him to get the industry to engage with that consultation, and I am happy to engage with him on some of the issues he raises.