Can the Ministry of Sound sue Spotify – and should they?

There's a copyright in playlists, argues the dance music label, and Alex Hern agrees.

The Ministry of Sound is suing Spotify for letting users make and share playlists which mirror the record label's compilation CDs, the Guardian's Stuart Dredge reports:

Ministry of Sound launched proceedings in the UK High Court on Monday, and is seeking an injunction requiring Spotify to remove these playlists and to permanently block other playlists that copy its compilations. The company is also seeking damages and costs.

Chief executive Lohan Presencer claims that his company has been asking Spotify to remove the playlists – some of which include "Ministry of Sound" in their titles – since 2012.

"It's been incredibly frustrating: we think it's been very clear what we're arguing, but there has been a brick wall from Spotify," said Presencer.

The news has been reported with a faint tone of derision, but it really isn't outrageous to suggest that copyright law might cover playlists.

After all, the selection and ordering of artistic works is itself a form of art. That may not be immediately obvious in the case of a Ministry of Sound compilation, but it's far more evident when looking at something like the Oxford Book of English Verse, or the annual Best American Comics anthology.

Almost every type of human creative action has been covered by copyright law. That includes maps, mathematical tables, and, since a Supreme Court case earlier this year, newspaper headlines. Part of the reason why society has yet to fall apart in lawsuit upon lawsuit is that copyright protection isn't absolute, like patent protection or trademarks are. If I invent a widget only to discover it's already patented, then I'm out of luck: the person who got there first owns the concept. But if I write a novel only to discover that someone else used the same concept, I'm in a better position. So long as I can prove that I wasn't actively copying the story, I should be safe.

(The easiest way to do that is to show I haven't read the other book, which is part of the reason JK Rowling won't read your ideas for Harry Potter sequels. But only part.)

There's a similar application of the law behind the old concept of "trap streets", streets shown on a map which don't actually exist in reality. If my map shows the invented "Thief Road" and then yours comes out a year later also showing Thief Road, I can be pretty sure that you didn't go out and make a record of every street – instead, you just copied mine.

So the real problem for Spotify is that their users aren't particularly shy about where they got their playlists from:

Whether Ministry of Sound can sue is a different question from whether they should sue, though. Some might say that, in an age where anyone can put together a playlist of 40 popular dubstep tracks in a matter of seconds, the label's business model of doing much the same thing but with a bit of cross-fading may be one worth consigning to the dustbin of history. Going out in a blaze of lawsuits just looks a bit tacky, really.

Photograph: Spotify

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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No, the battle in Momentum isn't about young against old

Jon Lansman and his allies' narrative doesn't add up, argues Rida Vaquas.

If you examined the recent coverage around Momentum, you’d be forgiven for thinking that it was headed towards an acrimonious split, judging by the vitriol, paranoia and lurid accusations that have appeared online in the last couple days. You’d also be forgiven for thinking that this divide was between a Trotskyist old guard who can’t countenance new ways of working, and hip youngsters who are filled with idealism and better at memes. You might then be incredibly bemused as to how the Trotskyists Momentum was keen to deny existed over the summer have suddenly come to the brink of launching a ‘takeover bid’.

However these accounts, whatever intentions or frustrations that they are driven by, largely misrepresent the dispute within Momentum and what transpired at the now infamous National Committee meeting last Saturday.

In the first instance, ‘young people’ are by no means universally on the side of e-democracy as embodied by the MxV online platform, nor did all young people at the National Committee vote for Jon Lansman’s proposal which would make this platform the essential method of deciding Momentum policy.

Being on National Committee as the representative from Red Labour, I spoke in favour of a conference with delegates from local groups, believing this is the best way to ensure local groups are at the forefront of what we do as an organisation.

I was nineteen years old then. Unfortunately speaking and voting in favour of a delegates based conference has morphed me into a Trotskyist sectarian from the 1970s, aging me by over thirty years.

Moreover I was by no means the only young person in favour of this, Josie Runswick (LGBT+ representative) and the Scottish delegates Martyn Cook and Lauren Gilmour are all under thirty and all voted for a delegates based national conference. I say this to highlight that the caricature of an intergenerational war between the old and the new is precisely that: a caricature bearing little relation to a much more nuanced reality.

Furthermore, I believe that many people who voted for a delegates-based conference would be rather astounded to find themselves described as Trotskyists. I do not deny that there are Trotskyists on National Committee, nor do I deny that Trotskyists supported a delegates-based conference – that is an open position of theirs. What I do object is a characterisation of the 32 delegates who voted for a delegates-based conference as Trotskyists, or at best, gullible fools who’ve been taken in.  Many regional delegates were mandated by the people to whom they are accountable to support a national conference based on this democratic model, following broad and free political discussion within their regions. As thrilling as it might be to fantasise about a sinister plot driven by the shadow emperors of the hard Left against all that it is sensible and moderate in Momentum, the truth is rather more mundane. Jon Lansman and his supporters failed to convince people in local groups of the merits of his e-democracy proposal, and as a result lost the vote.

I do not think that Momentum is doomed to fail on account of the particular details of our internal structures, providing that there is democracy, accountability and grassroots participation embedded into it. I do not think Momentum is doomed to fail the moment Jon Lansman, however much respect I have for him, loses a vote. I do not even think Momentum is doomed to fail if Trotskyists are involved, or even win sometimes, if they make their case openly and convince others of their ideas in the structures available.

The existential threat that Momentum faces is none of these things, it is the propagation of a toxic and polarised political culture based on cliques and personal loyalties as opposed to genuine political discussion on how we can transform labour movement and transform society. It is a political culture in which those opposed to you in the organisation are treated as alien invaders hell-bent on destroying it, even when we’ve worked together to build it up, and we worked together before the Corbyn moment even happened. It is a political culture where members drag others through the mud, using the rhetoric of the Right that’s been used to attack all of us, on social and national media and lend their tacit support to witch hunts that saw thousands of Labour members and supporters barred from voting in the summer. It is ultimately a political culture in which our trust in each other and capacity to work together on is irreparably eroded.

We have a tremendous task facing us: to fight for a socialist alternative in a global context where far right populism is rapidly accruing victories; to fight for the Labour Party to win governmental power; to fight for a world in which working class people have the power to collectively change their lives and change the societies we live in. In short: there is an urgent need to get our act together. This will not be accomplished by sniping about ‘saboteurs’ but by debating the kind of politics we want clearly and openly, and then coming together to campaign from a grassroots level upwards.

Rida Vaquas is Red Labour Representative on Momentum National Committee.