Does the entertainment industry have too much power?

In America a congressional staffer gets fired, and in Britain an indie music website gets blocked, all in the name of rent-seeking.

Vested interests have too much say in most areas of public policy, but only in some do they actually have direct control. Two stories today highlight the ridiculous amount of authority which governments all over the world have ceded to entertainment industries when it comes to creating and enforcing intellectual property law.

In the USA, a Republican congressional staffer called Derek Khanna wrote a memo titled "Three Myths About Copyright Law and Where To Start To Fix It" (mirrored here). It was a strong piece, arguing that it was untrue to claim that:

  1. The purpose of copyright is to compensate the creator of content;
  2. Copyright is free market capitalism at work; or
  3. The current copyright legal regime leads to the greatest innovation and productivity.

(The first is certainly mythical, at least in the US context, where the explicit reason for copyright is "to promote the progress of science and useful arts"; arguing against the second, he attempts to appeal to his fellow Republicans by repositioning copyright protection as a big-government-bestowed monopoly; and against the third – really, where the meat lies – he points out that current US copyright law is far more concerned with rent-seeking than encouraging creation of new works.)

Khanna's paper, while no more anti-copyright than a thousand silicon valley opinion columns, was retracted less than a day later, with the executive director of the Republican Study Committee – the organisation which published it – claiming it was:

Was published without adequate review [and failed to approach the topic] with all facts and viewpoints in hand.

That's not what the insider story is, though. Techdirt's Mike Masnick wrote:

The report had been fully vetted and reviewed by the RSC before it was released. However, as soon as it was published, the MPAA and RIAA apparently went ballistic and hit the phones hard, demanding that the RSC take down the report. They succeeded.

Yesterday, Khanna was fired. The Washington Examiner's Timothy P. Carney [explains]:

The reason, according to two Republicans within the RSC: angry objections from Rep. Marsha Blackburn, whose district abuts Nashville, Tenn. In winning a fifth term earlier in the month, Blackburn received more money from the music industry than any other Republican congressional candidate, according to the Center for Responsive Politics. Blackburn's office did not return calls seeking comment.

Again, it's worth pointing out that nothing Khanna said was new, or outrageous, and his paper was picked up approvingly by other liberatarian-minded conservatives like Virginia Postrel and Alex Tabarrok. His only mistake was writing it while working in a position where the complaints of the entertainment industry could get him fired.

Meanwhile, in the UK, our music industry has been taking an even more active role in the law, hand-picking which websites are allowed to publish. Music website the Promo Bay is a side project of file-sharing website the Pirate Bay which allows independent artists to upload their own songs to be shared freely. Not only is there no copyright infringement going on, there is actually a queue to be featured.

Nonetheless, the BPI – industry body of the British record industry – obtained a court order to block the Promo Bay, listing it as a domain:

Whose sole or predominant purpose is to enable or facilitate access to The Pirate Bay website.

That block which was only rescinded after a petition and complaint from the Open Rights Group.

It is clear that the Promo Bay was wrongly blocked – possibly by accident, possibly due to an overzealous claim by the BPI. What's less clear is why we should accept a situation where a single mistaken claim by an industry group can censor, without warning or appeal, a popular, useful, and legal site. After all, the New Statesman has linked to file-sharing sites – in an effort to get round the "Great Firewall of China". Should we be fearing a court order?

The Promo Bay logo.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Commons Confidential: What happened at Tom Watson's birthday party?

Finances, fair and foul – and why Keir Starmer is doing the time warp.

Keir Starmer’s comrades mutter that a London seat is an albatross around the neck of the ambitious shadow Brexit secretary. He has a decent political CV: he was named after Labour’s first MP, Keir Hardie; he has a working-class background; he was the legal champion of the McLibel Two; he had a stint as director of public prosecutions. The knighthood is trickier, which is presumably why he rarely uses the title.

The consensus is that Labour will seek a leader from the north or the Midlands when Islington’s Jeremy Corbyn jumps or is pushed under a bus. Starmer, a highly rated frontbencher, is phlegmatic as he navigates the treacherous Brexit waters. “I keep hoping we wake up and it’s January 2016,” he told a Westminster gathering, “and we can have another run. Don’t we all?” Perhaps not everybody. Labour Remoaners grumble that Corbyn and particularly John McDonnell sound increasingly Brexitastic.

To Tom Watson’s 50th birthday bash at the Rivoli Ballroom in south London, an intact 1950s barrel-vaulted hall generous with the velvet. Ed Balls choreographed the “Gangnam Style” moves, and the Brockley venue hadn’t welcomed so many politicos since Tony Blair’s final Clause IV rally 22 years ago. Corbyn was uninvited, as the boogying deputy leader put the “party” back into the Labour Party. The thirsty guests slurped the free bar, repaying Watson for 30 years of failing to buy a drink.

One of Westminster’s dining rooms was booked for a “Decent Chaps Lunch” by Labour’s Warley warrior, John Spellar. In another room, the Tory peer David Willetts hosted a Christmas reception on behalf of the National Centre for Universities and Business. In mid-January. That’s either very tardy or very, very early.

The Labour Party’s general secretary, Iain McNicol, is a financial maestro, having cleared the £25m debt that the party inherited from the Blair-Brown era. Now I hear that he has squirrelled away a £6m war chest as insurance against Theresa May gambling on an early election. Wisely, the party isn’t relying on Momentum’s fractious footsloggers.

The word in Strangers’ Bar is that the Welsh MP Stephen Kinnock held his own £200-a-head fundraiser in London. Either the financial future of the Aberavon Labour Party is assured, or he fancies a tilt at the top job.

Dry January helped me recall a Labour frontbencher explaining why he never goes into the Commons chamber after a skinful: “I was sitting alongside a colleague clearly refreshed by a liquid lunch. He intervened and made a perfectly sensible point without slurring. Unfortunately, he stood up 20 minutes later and repeated the same point, word for word.”

Kevin Maguire is the associate editor (politics) of the Daily Mirror

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 19 January 2016 issue of the New Statesman, The Trump era