Pity poor Cliff

Some surprising people are standing shoulder-to-shoulder with the record industry

It’s hard to feel sorry for Sirs Cliff Richard and Paul McCartney, and very easy to dismiss the call this week for copyright on music recordings to be extended from 50 years to 95 or even 'life plus 70 years'. The poor things have been at it for so long that their early recordings are starting to fall out of copyright, which means they will soon begin to miss out on some royalties.

I have blogged about this issue before, in connection with internet file-sharing, and come out firmly in favour of keeping the law as it is or, ideally, reducing the term to as little as 10 years. In my view it is only a good thing that classic recordings from the early days of rock and soul will soon be free to be reissued or remixed by anyone who appreciates them.

A campaign led by the record industry last autumn, in which they placed a full-page advert in the Financial Times naming 4,500 artists who supported an extension, seemed to have failed when the Treasury's independent Gowers Review was published in December and recommended keeping the status quo.

That seemed to have settled the issue, but now the campaign has hotted up again. It’s good to see intellectual property law moving up the political agenda, but many elected representatives seem to be joining the wrong side, teaming up with the record industry against the interests of the public.

Emotively citing the plight of the widow of Lonnie Donegan, whose recordings from the 1950s will soon stop paying her what amounts to a small pension, MP Michael Connarty has tabled an Early Day Motion in Parliament which has attracted 77 signatures so far, including some surprising names such as Jeremy Corbyn, John McDonnell and Dennis Skinner.

How come these defenders of the common man are lining up to help add a few zeros to Sir Cliff's future pay cheques? I wouldn’t for a minute suggest that these sane and sensible public figures had been influenced by the free CD of golden oldies sent to MPs by Phonographic Performance Limited, who collect royalties on behalf of record companies. They do, however, seem to have fallen for the image of the artist struggling in old age, living on royalties from recordings of their youth.

The House of Commons Culture Committee has also come to a similar conclusion, citing the fact that 7,000 musicians will lose royalties from recordings made in the 50s and 60s over the next decade and saying “Given the strength and importance of the creative industries in the UK, it seems extraordinary that the protection of intellectual property rights should be weaker here than in many other countries where creative industries are less successful.”

Think again about that statement. We have a stronger creative industry than countries with fiercer copyright laws. What then is their argument for an extension? The Gowers Review in fact concluded that if works were protected for longer, not only consumers but also ‘follow-on creators’ would be disadvantaged. It said, “the estates and heirs of performers would potentially be able to block usage rights, which may affect future creativity and innovation… Thus extending term may have negative implications for all creators.”

There is also plenty of evidence that the people who really gain from long copyright terms aren’t artists and performers at all but the record companies leading the campaign for more control. The Open Rights Group, who are opposed to the abuse of digital rights and campaign for copyright reform and greater access to knowledge, has detailed how most innovation in the UK music scene comes from independent labels that are not dependent on long-ago hits, and that only a tiny minority of artists receive the bulk of royalties. Less than half a percent of artists receive anything that could be called a ‘pension’ and most receive nothing at all beyond their original advance. In reality, it is only the record companies who are making money, as they take their accumulated share of royalty payments from the large catalogues they control.

Record companies love being able to reissue the same set of recordings in 'new' combinations, as it brings profits for very little investment. But it is still only a small minority of past hits that benefit from this. Hackneyed old floor-fillers require much less promotion to bring a return than either lesser known re-releases or new talent. New artists in particular need everything from risky tours to high-cost videos to make their name, so why not cut the creativity and milk another 15 years out of their back catalogues. Why not? Because the public have paid for these recordings many times over, and it would be much better for our music industry if it was forced to find new artists to turn a profit.

I think this campaign sounds like a stuck record. The post-cassette era has been well-established for decades now and the internet has changed irrevocably most people’s attitudes to what is reasonable to copy, mix up and share. The rest of us need to start writing to our confused, out of touch MPs and point out that this debate should have ended a long time ago.

Sian Berry lives in Kentish Town and was previously a principal speaker and campaigns co-ordinator for the Green Party. She was also their London mayoral candidate in 2008. She works as a writer and is a founder of the Alliance Against Urban 4x4s
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Is defeat in Stoke the beginning of the end for Paul Nuttall?

The Ukip leader was his party's unity candidate. But after his defeat in Stoke, the old divisions are beginning to show again

In a speech to Ukip’s spring conference in Bolton on February 17, the party’s once and probably future leader Nigel Farage laid down the gauntlet for his successor, Paul Nuttall. Stoke’s by-election was “fundamental” to the future of the party – and Nuttall had to win.
 
One week on, Nuttall has failed that test miserably and thrown the fundamental questions hanging over Ukip’s future into harsh relief. 

For all his bullish talk of supplanting Labour in its industrial heartlands, the Ukip leader only managed to increase the party’s vote share by 2.2 percentage points on 2015. This paltry increase came despite Stoke’s 70 per cent Brexit majority, and a media narrative that was, until the revelations around Nuttall and Hillsborough, talking the party’s chances up.
 
So what now for Nuttall? There is, for the time being, little chance of him resigning – and, in truth, few inside Ukip expected him to win. Nuttall was relying on two well-rehearsed lines as get-out-of-jail free cards very early on in the campaign. 

The first was that the seat was a lowly 72 on Ukip’s target list. The second was that he had been leader of party whose image had been tarnished by infighting both figurative and literal for all of 12 weeks – the real work of his project had yet to begin. 

The chances of that project ever succeeding were modest at the very best. After yesterday’s defeat, it looks even more unlikely. Nuttall had originally stated his intention to run in the likely by-election in Leigh, Greater Manchester, when Andy Burnham wins the Greater Manchester metro mayoralty as is expected in May (Wigan, the borough of which Leigh is part, voted 64 per cent for Brexit).

If he goes ahead and stands – which he may well do – he will have to overturn a Labour majority of over 14,000. That, even before the unedifying row over the veracity of his Hillsborough recollections, was always going to be a big challenge. If he goes for it and loses, his leadership – predicated as it is on his supposed ability to win votes in the north - will be dead in the water. 

Nuttall is not entirely to blame, but he is a big part of Ukip’s problem. I visited Stoke the day before The Guardian published its initial report on Nuttall’s Hillsborough claims, and even then Nuttall’s campaign manager admitted that he was unlikely to convince the “hard core” of Conservative voters to back him. 

There are manifold reasons for this, but chief among them is that Nuttall, despite his newfound love of tweed, is no Nigel Farage. Not only does he lack his name recognition and box office appeal, but the sad truth is that the Tory voters Ukip need to attract are much less likely to vote for a party led by a Scouser whose platform consists of reassuring working-class voters their NHS and benefits are safe.
 
It is Farage and his allies – most notably the party’s main donor Arron Banks – who hold the most power over Nuttall’s future. Banks, who Nuttall publicly disowned as a non-member after he said he was “sick to death” of people “milking” the Hillsborough disaster, said on the eve of the Stoke poll that Ukip had to “remain radical” if it wanted to keep receiving his money. Farage himself has said the party’s campaign ought to have been “clearer” on immigration. 

Senior party figures are already briefing against Nuttall and his team in the Telegraph, whose proprietors are chummy with the beer-swilling Farage-Banks axis. They deride him for his efforts to turn Ukip into “NiceKip” or “Nukip” in order to appeal to more women voters, and for the heavy-handedness of his pitch to Labour voters (“There were times when I wondered whether I’ve got a purple rosette or a red one on”, one told the paper). 

It is Nuttall’s policy advisers - the anti-Farage awkward squad of Suzanne Evans, MEP Patrick O’Flynn (who famously branded Farage "snarling, thin-skinned and aggressive") and former leadership candidate Lisa Duffy – come in for the harshest criticism. Herein lies the leader's almost impossible task. Despite having pitched to members as a unity candidate, the two sides’ visions for Ukip are irreconcilable – one urges him to emulate Trump (who Nuttall says he would not have voted for), and the other urges a more moderate tack. 

Endorsing his leader on Question Time last night, Ukip’s sole MP Douglas Carswell blamed the legacy of the party’s Tea Party-inspired 2015 general election campaign, which saw Farage complain about foreigners with HIV using the NHS in ITV’s leaders debate, for the party’s poor performance in Stoke. Others, such as MEP Bill Etheridge, say precisely the opposite – that Nuttall must be more like Farage. 

Neither side has yet called for Nuttall’s head. He insists he is “not going anywhere”. With his febrile party no stranger to abortive coup and counter-coup, he is unlikely to be the one who has the final say.