Old albums are now outselling new ones. Do we need protectionism against the past?

Long copyright terms may not reward the artist, but they make sure that people buy works by new musicians

 

The NME (remember the NME?):

Sales of "old albums" have overtaken sales of "new albums" for the first time over the last six months in the US.

Sales of "old albums", which are classified as LPs that have been on sale for longer than 18 months, numbered at 76.6 million over the last six months, with sales of "new albums" numbering at 73.9 million, reports OC Weekly

Copyright laws are transparently no longer about rewarding artists or incentivising creation. The idea that there is, or ever has been, a musician who sat down to record and then thought "you know what? I would create this art, but my descendants will only get to reap the rewards for fifty years after I die, rather than my preferred seventy," is ridiculous.

What this news shows, though, is one very real reason why long copyright terms might be important: protectionism against the past.

Even with a copyright system which keeps pretty much every song recorded since World War II - and a number recorded before - out of the public domain, "old" albums are still outselling new ones in the US. "Old" is, in this case, defined pretty loosely, but it is hard to imagine what the music market would look like if copyright terms were reduced, even if just to the life of the artist.

Imagine being able to get every song ever recorded by Elvis, Jim Morrison, Elliott Smith or Notorious B.I.G. for free, legally. Would you spend as much on new artists? Would you, in fact, spend anything on new artists?

It's obviously not the case that these long terms directly help up-and-coming musicians. Almost all of the money on every Tupac album sold goes to Universal Music Group, and most of the rest goes to his heirs. While there is the argument that any extra income to record labels helps them take greater risks on new talent, it seems unlikely that that actually translates into them getting a cut of the sales.

But where it might help them is by boosting demand. If you are ambivalent between a Beatles and a Battles album, you are that much more likely to buy the latter if it doesn't cost a thousand times more.

Protectionism against the past, then: artificially raising the price of something you don't want to sell in order to make the thing you want to promote look better.

Of course, there's no guarantee that that actually works. All of the above assumes that people begin with a fixed amount of music that they want to consume, and that every "old" album they listen to is a "new" one they won't. But it is equally as likely that, under the current situation at least, people have a fixed amount of money they want to spend on music, and that making older albums free would increase, rather than decrease, what they spend on new artists.

How to tell the difference? All-you-can-eat subscriptions might provide the answer. Someone who pays £10 a month for Spotify has access to more music than they could reasonably listen to in their lifetime. If all they want is a fixed quantity of music, then they won't spend anything else. If they want to spend a certain amount of money, then they'll start spending more on albums and bands not on the service. Sadly, no-one seems to have done that study, though if anyone does know the answer, I'd be fascinated to see it.

This is all economist noodling, though. As ever, the model has been simplified, and in the real world people don't actually think of "music" as a vast homogenous mass which they purchase. A Radiohead fan won't stop buying their albums just because they could get Elvis for free, and someone who thinks hair metal is the pinnacle of generic perfection is unlikey to buy music from past 1979 no matter how much it costs. But I certainly would like some free Marvin Gaye.

Marvin Gaye performs in the Royal Albert Hall in 1976. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Not since the Thatcher years have so many Tory MPs been so motivated by self-interest

Assured of an election win, backbenchers are thinking either advancing up the greasy pole, or mounting it for the first time. 

One hears despair from Labour not just about probable defeat, but from MPs who felt they had three years to improve the party’s fortunes, or to prepare for personal oblivion. In the Conservative Party, matters seem quite the opposite. Veterans of the 1983 election recall something similar: a campaign fought in the absolute certainty of winning. Theresa May talked of putting the interests of the country first when she engineered the poll, and one must believe she was sincere. However, for those expecting to be Tory MPs after 8 June there are other priorities. Theirs is not a fight for the national interest, because that for them is a foregone conclusion. It is about their self-interest: either advancing up the greasy pole, or mounting it for the first time. They contemplate years ahead in which to consolidate their position and, eventually, to shape the tone and direction of the party.

The luxury of such thoughts during a campaign comes only when victory is assured. In 1983 I worked for a cabinet minister and toured marginal seats with him. Several candidates we met – most of whom won – made it clear privately that however important it was to serve their constituents, and however urgent to save the country from the threats within what the late Gerald Kaufman later called “the longest suicide note in history”, there was another issue: securing their place in the Thatcher revolution. Certain they and their party would be elected in the aftermath of the Falklands War, they wanted their snout in the trough.

These are early days, but some conver­sations with those heading for the next House of Commons echo the sentiments of 1983. The contemporary suicide note has not appeared, but is keenly awaited. Tories profess to take less notice of opinion polls than they once did – and with good reason, given the events of 2015 and 2016 – but ­imagine their party governing with a huge majority, giving them a golden opportunity to advance themselves.

Labour promises to change the country; the Liberal Democrats promise to force a reconsideration of Brexit; Ukip ­promises to ban the burqa; but the Tories believe power is theirs without the need for elaborate promises, or putting any case other than that they are none of the above. Thus each man and woman can think more about what the probability of four or five further years in the Commons means to them. This may seem in poor taste, but that is human nature for you, and it was last seen in the Labour Party in about 2001.

Even though this cabinet has been in place only since last July, some Tory MPs feel it was never more than an interim arrangement, and that some of its incumbents have underperformed. They expect vacancies and chances for ministers of state to move up. Theresa May strove to make her team more diverse, so it is unfortunate that the two ministers most frequently named by fellow Tories as underachievers represent that diversity – Liz Truss, the Lord Chancellor, who colleagues increasingly claim has lost the confidence of the judiciary and of the legal profession along with their own; and Sajid Javid, the Communities Secretary, whom a formerly sympathetic backbencher recently described to me as having been “a non-event” in his present job.

Chris Grayling, the Transport Secretary, was lucky to survive his own stint as lord chancellor – a post that must surely revert to a qualified lawyer, with Dominic Grieve spoken of in that context, even though, like all ardent Remainers in the government, he would be expected to follow the Brexit line – and the knives are out for him again, mainly over Southern Rail but also HS2. David Gauke, the Chief Secretary to the Treasury, and the little-known Ben Gummer, a Cabinet Office minister, are tipped for promotion with Grieve if vacancies arise: that all three are white men may, or may not, be a consideration.

Two other white men are also not held in high regard by colleagues but may be harder to move: Boris Johnson, whose conduct of the Foreign Office is living down to expectations, and Michael Fallon, whose imitation of the Vicar of Bray over Brexit – first he was for it, then he was against it, and now he is for it again – has not impressed his peers, though Mrs May considers him useful as a media performer. There is also the minor point that Fallon, the Defence Secretary, is viewed as a poor advocate for the armed forces and their needs at a time when the world can hardly be called a safe place.

The critical indicator of how far personal ambition now shapes the parliamentary Tory party is how many have “done a Fallon” – ministers, or aspirant ministers, who fervently followed David Cameron in advising of the apocalyptic results of Brexit, but who now support Theresa May (who is also, of course, a reformed Remainer). Yet, paradoxically, the trouble Daniel Hannan, an arch-Brexiteer and MEP, has had in trying to win selection to stand in Aldershot – thanks to a Central Office intervention – is said to be because the party wants no one with a “profile” on Europe to be added to the mix, in an apparent attempt to prevent adding fuel to the fire of intra-party dissent. This may appease a small hard core of pro-Remain MPs – such as Anna Soubry, who has sufficient talent to sit in the cabinet – who stick to their principles; but others are all Brexiteers now.

So if you seek an early flavour of the next Conservative administration, it is right before you: one powering on to Brexit, not only because that is what the country voted for, but because that is the orthodoxy those who wish to be ministers must devotedly follow. And though dissent will grow, few of talent wish to emulate Soubry, sitting out the years ahead as backbenchers while their intellectual and moral inferiors prosper.

Simon Heffer is a columnist for the Daily and Sunday Telegraphs

Simon Heffer is a journalist, author and political commentator, who has worked for long stretches at the Daily Telegraph and the Daily Mail. He has written biographies of Thomas Carlyle, Ralph Vaughan Williams and Enoch Powell, and reviews and writes on politics for the New Statesman

This article first appeared in the 27 April 2017 issue of the New Statesman, Cool Britannia 20 Years On

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