British MP Kevin Brennan introduces legislation to provide 'fair remuneration' from streaming platforms

By Emmanuel Legrand

Labour member of the British Parliament Kevin Brennan (pictured, above) has introduced a legislation that aims at providing "a new right to fair remuneration for musicians when their work is played on streaming platforms.”

  The Copyright (Rights And Remuneration Of Musicians etc) Bill was a Private Members' Bill and was presented to Parliament on 16 June through the ballot procedure. The bill has passed the first reading in Parliament, which means it came among the top six bills proposed by MPs in number of votes from members of the House.

  The bill will now be going through a Second reading, scheduled to take place on Friday 3 December 2021.

Cross-party support

  Traditionally, Private Members' Bill have little chances of passing as they are usually not endorsed by the government, but they can help focus on a specific area that could need a legislative solution. In addition, this bill has also received bi-partisan support as Conservative MPs like Esther McVey and Damian Green also endorsed the bill. 

  This bill, coupled with the much awaited report from the inquiry into the economics of streaming, launched by the Digital, Culture, Media and Sport (DCMS) Committee in Parliament, could prompt the government to look deeper into the issues raised by the inquiry. Brennan himself has been very active during the inquiry and came across as one of the most inquisitive MPs. 

  CMU explained that "the proposed legislation is a direct response to the #FixStreaming and #BrokenRecord campaigns, which have called for musicians to have a statutory right to equitable remuneration when their music is streamed."

Create a new right to fair remuneration

  Brennan commented: “Musicians’ earnings have been devastated by the closing down of gigs which has helped highlight how they are not getting a fair share of record streaming revenues – my bill will create a new right to fair remuneration for musicians when their work is played on streaming platforms.”

  In an op-ed in The Independent, Brennan explained the rationale behind his bill: "The law on copyright states that if you performed on a record that is played on the radio you are entitled to a payment. That same right does not apply in the UK if your recording is listened to on a streaming service like Spotify. My bill would bring the law up to date by creating a new right for musicians to an additional share of the revenue from streaming."

  Naomi Pohl, General Secretary of the Musician's Union, said she was "thrilled" that the bill came to back the MU's campaign to secure fairer remuneration for musicians from streaming.

A major milestone

  “The fact that it has cross-party support is much appreciated and extremely encouraging," said Pohl. "Thanks to Kevin Brennan MP who has been tireless in his efforts to highlight the struggles of today’s performers and creators. We can fix streaming. This bill is a major milestone.”  

  The Ivors Academy, which has been at the forefront of the #FixStreaming campaign, also welcomed the bill. “We have a fantastic opportunity to grow the UK’s creative industries by reforming copyright and contracts," said Ivors CEO Graham Davies. "These reforms are long overdue."

  He added: "Providing fair compensation for songwriters, composers and artists will ensure we retain our position as a cultural powerhouse. Many thanks to Kevin Brennan for spearheading these much-needed reforms with this bill.”


[Analysis

Because of the legislative process in Westminster, this bill has little chance to pass! But it is a indicative of how far the campaign to #FixStreaming has gone. In just two years, the UK has moved the needle significantly on the issue of the perceived unfairness of payments to creators in the music streaming eco-system.

  The most visible and thorough illustration of the change was the recent DCMS committee inquiry into the economy of streaming. The discussions were high level and left few unturned stones. It is not every day that you see representatives form major companies and streaming services roasted by members of Parliament.

  The DCMS committee still needs to unveil its report and its conclusions (this should happen soon). The conclusions of the report could very well force the British government to act, and from that perspective, Kevin Brennan's legislative initiative will certainly be seen as a first step into a more granular debate in the Commons. 

  There is still a long road for those who hope to see fair remuneration become the norm, rather than payments going through labels as it is the case now. 

  Creators should also anticipate a major push-back from labels, that are not ready to change the way the system works currently. 

  But the great benefit of all these discussions is that the issue of payments to creators in the digital age is no longer a discussion among specialists and has reached policy-makers and the general public, and both are now more aware about how the money from streaming is split between stakeholders. And that's a positive change.

Emmanuel Legrand]