A new iTunes streaming service could be a disaster for songwriters

Two rumours in short succession have hinted that the digital music scene is moving firmly away from the buy-to-own (or rather, pay-to-permanently-license-with-terms-just-short-of-ownership) model – of iTunes, the Amazon MP3 Store and Bandcamp – towards the model which services like Spotify and its American competitors Pandora and Rdio use, where users pay a monthly fee for unlimited access to music.

The Telegraph reports that the BBC is considering launching an iPlayer-style service to make its archive available:

The service, dubbed Playlister, will give licence-fee payers free access to hundreds of thousands of music recordings without paying any additional fees.

The BBC has talked about the idea of making its vast archive of music recordings public in the past, but has always run into trouble clearing the rights.

However, it is understood to be in talks with Spotify and similar music services, such as the French-run Deezer and Apple’s iTunes music store in an effort to side-step the problem.

Those services have already signed bulk rights deals with music labels, who opt in because they would prefer to make some money from the online streaming service rather than watch the shift to digital formats obliterate their sales altogether.

Last month, the Wall Street Journal reported that Apple is planning a similar streaming music service:

Apple Inc. is in talks to license music for a custom-radio service similar to the popular one operated by Pandora Media Inc., according to people familiar with the matter, in what would be a bid by the hardware maker to expand its dominance in online music.

Apple’s service would work on its sprawling hardware family, including the iPhone, iPads and Mac computers, and possibly on PCs running Microsoft Corp.’s Windows operating system, according to one of these people. It would not work on smartphones and tablets running Google Inc.’s Android operating system, this person added, highlighting the mounting battle for mobile dominance between the two technology giants.

This second type of service is possible because the licensing required to do it is less like a sale, and more like running a radio station. In the US, for instance, services like Pandora are required to have a cap on how frequently any one user can play any one song, to encourage people to buy songs they particularly want to play.

But as an interesting post at Digital Music News, from attorney Steve Gordon, argues, one of the most important differences between the two types of license is that in the radio-style licenses, songwriters are increasingly struggling to get any payment at all:

If Apple wants to launch their much anticipated, Pandora-like music service, they must negotiate directly with Sony/ATV for public performance rights. That's the word on the street, and if true, a dangerous turn of events. The reason is that until recently, performing rights organizations – ASCAP, BMI and SESAC (the "PROs") – offered blanket licenses on behalf of almost all the publishers, including all the majors. This dramatically changes that, with negative repercussions for songwriters.

In other words, just because you might get your music legally these days, don't think that the creators themselves are out of hot water.

Tim Cook launches new iPods at a press event last month. 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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Theresa May's "clean Brexit" is hard Brexit with better PR

The Prime Minister's objectives point to the hardest of exits from the European Union. 

Theresa May will outline her approach to Britain’s Brexit deal in a much-hyped speech later today, with a 12-point plan for Brexit.

The headlines: her vow that Britain will not be “half in, half out” and border control will come before our membership of the single market.

And the PM will unveil a new flavour of Brexit: not hard, not soft, but “clean” aka hard but with better PR.

“Britain's clean break from EU” is the i’s splash, “My 12-point plan for Brexit” is the Telegraph’s, “We Will Get Clean Break From EU” cheers the Express, “Theresa’s New Free Britain” roars the Mail, “May: We’ll Go It Alone With CLEAN Brexit” is the Metro’s take. The Guardian goes for the somewhat more subdued “May rules out UK staying in single market” as their splash while the Sun opts for “Great Brexpectations”.

You might, at this point, be grappling with a sense of déjà vu. May’s new approach to the Brexit talks is pretty much what you’d expect from what she’s said since getting the keys to Downing Street, as I wrote back in October. Neither of her stated red lines, on border control or freeing British law from the European Court of Justice, can be met without taking Britain out of the single market aka a hard Brexit in old money.

What is new is the language on the customs union, the only area where May has actually been sparing on detail. The speech will make it clear that after Brexit, Britain will want to strike its own trade deals, which means that either an unlikely exemption will be carved out, or, more likely, that the United Kingdom will be out of the European Union, the single market and the customs union.

(As an aside, another good steer about the customs union can be found in today’s row between Boris Johnson and the other foreign ministers of the EU27. He is under fire for vetoing an EU statement in support of a two-state solution, reputedly to curry favour with Donald Trump. It would be strange if Downing Street was shredding decades of British policy on the Middle East to appease the President-Elect if we weren’t going to leave the customs union in order at the end of it.)

But what really matters isn’t what May says today but what happens around Europe over the next few months. Donald Trump’s attacks on the EU and Nato yesterday will increase the incentive on the part of the EU27 to put securing the political project front-and-centre in the Brexit talks, making a good deal for Britain significantly less likely.

Add that to the unforced errors on the part of the British government, like Amber Rudd’s wheeze to compile lists of foreign workers, and the diplomatic situation is not what you would wish to secure the best Brexit deal, to put it mildly.

Clean Brexit? Nah. It’s going to get messy. 

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