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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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.