Thicke as thieves? Photo: David Buchan/Getty Images
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Tracey Thorn: Your songs are like your children – you have to wave them off into the world

Copyright law encourages artists to feel they're in control of what they've made. But in reality, a song is a different thing once it leaves its creator.

There’s been much talk these past couple of weeks about ownership of songs, sparked by the disputed ruling that has left Pharrell Williams liable to the tune of $7.3m over similarities between his “Blurred Lines” and Marvin Gaye’s “Got to Give It Up”. Many interesting and well-informed pieces have been written about this already and I’m not going to add to the conversation, except to say that I was as surprised as anyone else by the outcome. But it set me off thinking about the difference between the legal concept of ownership and a more nebulous, emotional feeling about whether or not songs belong to us.

Copyright law ensures that we writers earn money from our songs, and establishes our rights over the material we have composed. So don’t get me wrong – I benefit from it and am grateful for it. And yet, in some strange way, the idea of owning a song doesn’t always feel true.

Once you have written it and recorded it, and especially if it has then gone on to be a hit, a song slips out of your grasp. Played all day long on the radio – half-heard by people who are doing other things, or taken to heart by some who find that it tells the story of their life and speaks all the words they cannot say – a hit song “belongs” not to the writer, but to the listener. You wave your songs off into the world like children, hoping for the best for all of them. A hit is the child who becomes a star, soaring out of your orbit and control, swaggering about with a new identity all of its own. Sending cheques home.

This is how I feel about the Everything But the Girl song “Missing”, and it might explain why in some ways I’m less protective of it than its fans. It took the music a long time to reach its final, successful incarnation, a meandering journey in which it assumed various forms along the way, leaving me uncertain which version is the real one. And the lyrics were written at home in a scruffy notebook and tell a fictional story that never felt quite real to me, but did to so many who heard it.

I think it was Jerry Dammers who once said that you don’t ever really finish songs, you just abandon them to the public. “Missing” was found on the doorstep by millions of people who adopted and cared for it. One of those was a singer called Newtion Matthews, who sang the song on BBC1’s The Voice, weekend before last.

He spoke of how much it had meant to him, describing “a time when I was down and out and I had lost my way . . . a tough time – I was a young guy and I didn’t have anywhere to live”. And then he funked it up, in a brassy Mark Ronson-type style, taking the song somewhere new and different. Losing the melancholy, he replaced it with a kind of urgency and defiance, perhaps summoning up the feelings that had got him out of that dark place. To me, it all seemed entirely justifiable, and so I was puzzled by people who rushed to tell me on Twitter that he’d murdered it, or been disrespectful. But maybe that’s because – to come back to the point I made at the beginning – those fans feel like they own the song more than I do.

Anyway, poor Newtion got voted off and sent home, proving to me again (this is the third time I’ve seen the song in a contest – it popped up on the Italian X Factor, and before then in a previous series of The Voice) that “Missing” is not an obvious choice. It’s a hard song to sing. Not, I hasten to add, because of the vocal range (there is none to speak of) but the vocal tone, which may, after all, be essential to its success, however much you vary the arrangement.

In my favourite ever review (quoted in Bedsit Disco Queen) the journalist James Hunter described my singing of the song as being “full of her radical mid-range rationality”, but that quality is no use at all in a singing contest, where what is needed is an opportunity to impress, with high notes, ad libs, bells and whistles. “You made that song your own” is the great compliment from the judges. Funny how hard that is for a singer, when it’s what every listener does.

Tracey Thorn is a musician and writer, best known as one half of Everything but the Girl. She writes the fortnightly “Off the Record” column for the New Statesman. Her latest book is Naked at the Albert Hall.

This article first appeared in the 27 March 2015 issue of the New Statesman, Easter Double 2015

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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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