Artistic Remuneration for Online Content

Debate between Pete Wishart and James Gray

Wednesday 6th July 2016 Westminster Hall

[Pete Wishart]

There is very little on which I would disagree with the hon. Lady. We must restructure that relationship, but I caution her and others. The music industry in this country has a successful business model, and we are world leaders. We produce the artists and ensure that they are supported. I have nothing against record labels and the music industry investing in that talent and bringing it on in the usual paternalistic way. That is what happened when I was a recording artist, and the model is still successful. Rights holders should be properly rewarded for their investment in artists.

That brings me to my next point, which is probably the most substantial point in all this. Several Members today have raised the issue of safe harbour, which we have to tackle; of all the things that the Minister takes away from today’s debate, I hope that it will be that one. Safe harbour is a useful innovation, because it has encouraged a number of people who were tempted by piracy and illegal sites to come across to a legal framework where they are able to access some of the content.

The music industry’s suggestion of distinguishing between active and passive safe harbours is a useful one. We all know what a passive safe harbour looks like: that is where people find a store of music, access it and do all the usual things. But when it comes to the manipulation of that music and to designing things in a particular way to try to create some sort of income for it, we get into the realm of an active safe harbour. At that point, royalties should be paid, to ensure that something comes back to rights holders and artists. I very much support copyright being extended to what could be considered as active safe harbours.

I am also attracted to the idea that streaming sites should be treated pretty much as a radio player—we heard about that from the hon. Members for Bristol East (Kerry McCarthy) and for Bristol West (Thangam Debbonaire), and it is a feature that we should be looking at. When I access Spotify, for example, I mainly use the radio services. I still do not see a distinction between listening to the radio in the morning and listening to the radio service on Spotify—I think they should be treated the same.

I am conscious of time and am obviously very keen to hear from the Minister, but I have a couple of things to say about where we find ourselves after the decision we made a couple of weeks ago about the European Union. The fact that we will not have access to the European Union is an absolute and unmitigated disaster for the musicians of this country. We will now be excluded from most of the debates about the digital single market, which is one of the biggest innovations in the placing of content online that we have ever seen in any part of the world. We have now taken ourselves out of that conversation about the structuring of the digital single market. That is a disaster for musicians in this country. I am not going to mince my words about this.

Another issue related to remuneration for artists that we will have to consider carefully is free movement of people in the music sector. One of the great innovations in the music industry in London is that we can draw in so many creative people who have so much to offer our industry—

[Mr James Gray (in the Chair)]

Order. I am reluctant to interrupt the hon. Gentleman, especially using my English rather than Scottish tones, but he really must restrict his remarks to the topic under discussion today, which is remuneration for musicians for online services, rather than the wider issue of the effects of Brexit on the music industry.

[Pete Wishart]

I am grateful for your comments, Mr Gray. I will restrain myself, but we have to acknowledge that at the heart of this there are significant issues and challenges for the remuneration of musicians because of the decision taken. The hon. Member for Bristol East mentioned the right to equitable remuneration. A huge conversation is going on in the European Union to ensure that that is progressed and, again, we are now denied access to that conversation. There are massive issues when it comes to online remuneration of artists. The massive challenge incumbent on the Minister is to see how we design things so that our musicians do not lose out in the online environment, given that we are now in a very difficult set of circumstances for the way our musicians operate.

I finish by reiterating that this issue is really important. Our job—our main function—is to ensure that we set the best parameters in an environment for our musicians to develop and thrive. We have a fantastic product and resource in this country: some of the finest musicians in the world. We have enriched the souls of populations throughout the world with the wonderful works our artists produce and we have to ensure that we do nothing to further disrupt their ability to make that wonderful music. I appeal to the Minister to look at where we are, to ensure we make the right decisions on behalf of our artists and to consider the strong points made by hon. Members today.

[Mr James Gray (in the Chair)]

I call Kelvin Hopkins.

--- Later in debate ---

[Pete Wishart]

People have suggested that we may be trying to use France and Germany as a proxy for our influence, to achieve our requirements in the digital single market. Is there any truth in that suggestion? If there is, is that not evidence of how we are being further reduced and diminished in our relationship with Europe, such that we expect others to do our bidding on our behalf?

[Mr James Gray (in the Chair)]

I call the Minister to speak with reference to the subject under debate.