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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Five things Hillary Clinton’s released emails reveal about UK politics

The latest batch of the presidential hopeful’s emails provide insight into the 2010 Labour leadership contest, and the dying days of the Labour government.

The US State Department has released thousands of Hillary Clinton’s emails. This is part of an ongoing controversy regarding the presidential hopeful’s use of a private, non-governmental server and personal email account when conducting official business as Secretary of State.

More than a quarter of Clinton’s work emails have now been released, in monthly instalments under a Freedom of Information ruling, after she handed over 30,000 pages of documents last year. So what does this most recent batch – which consists of 4,368 emails (totalling 7,121 pages) – reveal?
 

David Miliband’s pain

There’s a lot of insight into the last Labour leadership election in Clinton’s correspondence. One email from September 2010 reveals David Miliband’s pain at being defeated by his brother. He writes: “Losing is tough. When you win the party members and MPs doubly so. (When it's your brother...).”


Reaction to Ed Miliband becoming Labour leader

Clinton’s reply to the above email isn’t available in the cache, but a message from an aide about Ed Miliband’s victory in the leadership election suggests they were taken aback – or at least intrigued – by the result. Forwarding the news of Ed’s win to Clinton, it simply reads: “Wow”.


Clinton’s take on it, written in an email to her long-time adviser, Sidney Blumenthal, is: “Clearly more about Tony that [sic] David or Ed”.

Blumenthal expresses regret about the “regression” Ed’s win suggests about the Labour party. He writes to Clinton: “David Miliband lost by less than 2 percent to his brother Ed. Ed is the new leader. David was marginally hurt by Tony's book but more by Mandelson's endorsement coupled with his harsh statements about the left. This is something of a regression.”
 

Peter Mandelson is “mad”

In fact, team Clinton is less than enthusiastic about the influence Mandelson has over British politics. One item in a long email from Blumenthal to Clinton, labelled “Mandelson Watch”, gives her the low-down on the former Business Secretary’s machinations, in scathing language. It refers to him as being “in a snit” for missing out on the EU Commissioner position, and claims those in Europe think of him as “mad”. In another email from Blumenthal – about Labour’s “halted” coup against Gordon Brown – he says of Mandelson: “No one trusts him, yet he's indispensable.”

That whole passage about the coup is worth reading – for the clear disappointment in David Miliband, and description of his brother as a “sterling fellow”:


Obsession with “Tudor” Labour plotting

Clinton appears to have been kept in the loop on every detail of Labour party infighting. While Mandelson is a constant source of suspicion among her aides, Clinton herself clearly has a lot of time for David Miliband, replying “very sorry to read this confirmation” to an email about his rumoured demotion.

A May 2009 email from Blumenthal to Clinton, which describes Labour politicians’ plots as “like the Tudors”, details Ed Balls’ role in continuing Tony Blair and Gordon Brown’s “bitter rivalry”:


“Disingenuous” Tories “offending” Europe

The Tories don’t get off lightly either. There is intense suspicion of David Cameron’s activities in Europe, even before he is Prime Minister. Blumenthal – whose email about a prospective Cameron government being “aristocratic” and “narrowly Etonian” was released in a previous batch of Clinton’s correspondence – writes:

Without passing "Go," David Cameron has seriously damaged his relations. with the European leaders. Sending a letter to Czech leader Vaclay Klaus encouraging him not to sign the Lisbon Treaty, as though Cameron were already Prime Minister, he has offended Sarkozy., Merkel and Zapatero.

He also accuses him of a “tilt to the Tory right on Europe”.

In the same email, Blumenthal tells Clinton that William Hague (then shadow foreign secretary), “has arduously pressured for an anti-EU stance, despite his assurances to you that Tory policy toward Europe would be marked by continuity”.

In the aftermath of the 2010 UK election, Blumenthal is apprehensive about Hague’s future as Foreign Secretary, emailing Clinton: “I would doubt you’ll see David again as foreign secretary. Prepare for hauge [sic, William Hague], who is deeply anti-European and will be disingenuous with you.”

Anoosh Chakelian is deputy web editor at the New Statesman.