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.

Photo: Getty
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How the row over Jackie Walker triggered a full-blown war in Momentum

Jon Lansman, the organisation's founder, is coming under attack. 

The battle for control within Momentum, which has been brewing for some time, has begun in earnest.

In a sign of the growing unrest within the organisation – established as the continuation of Jeremy Corbyn’s first successful leadership bid, and instrumental in delivering in his re-election -  a critical pamphlet by the Alliance for Workers’ Liberty (AWL), a Trotskyite grouping, has made its way into the pages of the Times, with the “unelected” chiefs of Momentum slated for turning the organisation into a “bland blur”.

The issue of contention: between those who see Momentum as an organisation to engage new members of the Labour party, who have been motivated by Jeremy Corbyn but are not yet Corbynites.

One trade unionist from that tendency described what they see the problem as like this: “you have people who have joined to vote for Jeremy, they’re going to meetings, but they’re voting for the Progress candidates in selections, they’re voting for Eddie Izzard [who stood as an independent but Corbynsceptic candidate] in the NEC”.  

On the other are those who see a fightback by Labour’s right and centre as inevitable, and who are trying to actively create a party within a party for what they see as an inevitable purge. One activist of that opinion wryly described Momentum as “Noah’s Ark”.

For both sides, Momentum, now financially stable thanks to its membership, which now stands at over 20,000, is a great prize. And in the firing line for those who want to turn Momentum into a parallel line is Jon Lansman, the organisation’s founder.

Lansman, who came into politics as an aide to Tony Benn, is a figure of suspicion on parts of the broad left due to his decades-long commitment to the Labour party. His major opposition within Momentum and on its ruling executive comes from the AWL.

The removal of Jackie Walker as a vice-chair of Momentum after she said that Holocaust Memorial Day belittled victims of other genocides has boosted the AWL, although the AWL's Jill Mountford, who sits on Momentum's ruling executive, voted to remove Walker as vice-chair. (Walker remains on the NEC, as she has been elected by members). But despite that, the AWL, who have been critical of the process whereby Walker lost her post, have felt the benefit across the country.

Why? Because that battle has triggered a series of serious splits, not only in Momentum’s executive but its grassroots. A raft of local groups have thrown out the local leadership, mostly veterans of Corbyn’s campaign for the leadership, for what the friend of one defeated representative described as “people who believe the Canary [a pro-Corbyn politics website that is regularly accused of indulging and promoting conspiracy theories]”.

In a further series of reverses for the Lansmanite caucus, the North West, a Momentum stronghold since the organisation was founded just under a year ago, is slipping away from old allies of Lansman and towards the “new” left. As one insider put it, the transition is from longstanding members towards people who had been kicked out in the late 1980s and early 1990s by Neil Kinnock. The constituency party of Wallasey in particular is giving senior figures in Momentum headaches just as it is their opponents on the right of the party, with one lamenting that they have “lost control” of the group.

It now means that planned changes to Momentum’s structure, which the leadership had hoped to be rubberstamped by members, now face a fraught path to passage.

Adding to the organisation’s difficulties is the expected capture of James Schneider by the leader’s office. Schneider, who appears widely on television and radio as the public face of Momentum and is well-liked by journalists, has an offer on the table to join Jeremy Corbyn’s team at Westminster as a junior to Seumas Milne.

The move, while a coup for Corbyn, is one that Momentum – and some of Corbyn’s allies in the trade union movement – are keen to resist. Taking a job in the leader’s office would reduce still further the numbers of TV-friendly loyalists who can go on the airwaves and defend the leadership. There is frustration among the leader’s office that as well as Diane Abbott and John McDonnell, who are both considered to be both polished media performers and loyalists, TV bookers turn to Ken Livingstone, who is retired and unreliable, and Paul Mason, about whom opinions are divided within Momentum. Some regard Mason as a box office performer who needs a bigger role, others as a liability.

But all are agreed that Schneider’s expected departure will weaken the media presence of Corbyn loyalists and also damage Momentum. Schneider has spent much of his time not wrangling journalists but mediating in local branches and is regarded as instrumental in the places “where Momentum is working well” in the words of one trade unionist. (Cornwall is regarded as a particular example of what the organisation should be aiming towards)

It comes at a time when Momentum’s leadership is keen to focus both on its external campaigns but the struggle for control in the Labour party. Although Corbyn has never been stronger within the party, no Corbynite candidate has yet prevailed in a by-election, with the lack of available candidates at a council level regarded as part of the problem. Councilors face mandatory reselection as a matter of course, and the hope is that a bumper crop of pro-Corbyn local politicians will go on to form the bulk of the talent pool for vacant seats in future by-elections and in marginal seats at the general election.

But at present, a draining internal battle is sapping Momentum of much of its vitality. But Lansman retains two trump cards. The first is that as well as being the founder of the organisation, he is its de facto owner: the data from Jeremy Corbyn’s leadership campaigns, without which much of the organisation could not properly run, is owned by a limited company of which he is sole director. But “rolling it up and starting again” is very much the nuclear option, that would further delay the left’s hopes of consolidating its power base in the party.

The second trump card, however, is the tribalism of many of the key players at a local level, who will resist infiltration by groups to Labour’s left just as fiercely as many on the right. As one veteran of both Corbyn’s campaigns reflected: “If those who have spent 20 years attacking our party think they have waiting allies in the left of Labour, they are woefully mistaken”. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.