Thread by @KevinBrennanMP

Today the @CommonsDCMS Committee publishes its report into the economics of music streaming. Here's a thread of the report's findings and recommendations. (1/25) #BrokenRecord #FixStreaming

Streaming has helped save the music industry following two decades of digital piracy but it is clear that what has been saved does not work for everyone. Issues created by streaming reflect fundamental problems within the recorded music industry. Streaming needs a reset. (2/25)

We urge Universal and Warner to look again at the issue of unrecouped balances with a view to enabling more of their legacy artists to receive payments when their music is streamed. (3/25)

The pitiful returns from music streaming impact the entire ecosystem. Successful, professional performers are seeing meagre returns from the dominant mode of music consumption. Non-featured performers are frozen out altogether, impacting what should be a viable career. (4/25)

The major music companies/independent record labels have consistently asserted that music streaming is simply ‘making available’, and therefore performers should be remunerated as though it was a sale. However, this does not consider the complexities of streaming. (5/25)

We recommend that the Government addresses these inconsistencies and incongruities by exploring ways to provide performers with a right to equitable remuneration when music is consumed by digital means. (6/25)

The right to equitable remuneration is a simple yet effective solution to the problems caused by poor remuneration from music streaming. It is a right that is already established within UK law and has been applied to streaming elsewhere in the world. (7/25)

A clear solution would therefore be to apply the right to equitable remuneration to the making available right in a similar way to the rental right. As such, an additive ‘digital music remuneration’ payment would be made to performers through their collecting societies. (8/25)

We recommend the Government legislate so that performers enjoy the right to equitable remuneration for streaming income. Amend the Copyright, Design and Patents Act 1988 using the precedent set by the co-existence of the rental right and right to equitable remuneration. (9/25)

The Government should work with creators and the independent publishing sector to explore ways in which new and upcoming songwriters and composers can be supported to have sustainable careers and independent music publishers remain commercially viable. (10/25)

Metadata issues compound the poor terms on which creators are remunerated. Whilst there is a significant challenge, it is not insurmountable. The Government must oblige record labels to provide metadata for the underlying song when they license a recording to stream. (11/25)

The licensing and royalty chains of song rights causes considerable confusion and complexity to the system, and songwriters and composers pay the price. The Government should require all publishers and collecting societies to publish royalty chain information. (12/25)

There is no doubt that the major music groups currently dominate the music industry. We recommend that the Government refer a case to the Competition and Markets Authority (CMA), to undertake a full market study into the economic impact of the majors’ dominance. (13/25)

Independent labels must be supported to challenge the majors’ dominance and creators must be empowered to offset the disparity in negotiating power when signing with music companies. The Government should expand support for the Music Export Growth Scheme. (14/25)

We recommend that the Government concurrently expand creator rights by introducing a right to recapture works and a right to contract adjustment where an artist’s royalties are disproportionately low. (15/25)

Artists face a systemic lack of transparency from both music companies and the streaming services that license their works. Creators have a right to know about the terms on which their works are exploited and verify the outcome of these agreements. (16/25)

As a minimum, the Government should introduce a right for performers to have sight of the terms of deals where their works are licensed, on request and subject to non-disclosure. (17/25)

Where curators are paid or receive benefits in kind for playlisting, we recommend that they are subject to a code of practice developed by the ASA, similar to social media influencers, to ensure that the decisions they make are transparent and ethical. (18/25)

The Government should commission research into the impact of streaming services’ algorithms on music consumption, including where creators are forgoing royalty payments in exchange for algorithmic promotion. (19/25)

The Government should launch its consultation on the new pro-competition regime for digital markets by the time it has responded to this Report and commit to a reasonable time frame for when it reasonably expects legislation to be brought forward thereafter. (20/25)

We note the CMA has developed a pro competition framework for tech companies with ‘strategic market status’ that dominate digital markets. The CMA should explore YouTube’s streaming services as having strategic market status to encourage competition with its products. (21/25)

The Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services, to address the market distortions and the music streaming ‘value gap’. It must ensure that these obligations are proportionate. (22/25)

As technology continues to evolve the Government must ensure that copyright law is fit for purpose and that appropriate mechanisms are in place for rights holders to enforce their rights. The Intellectual Property Office must not be a passive witness but an active player. (23/25)

We recommend that the Government set out a clear position on livestreaming, both regarding remuneration of rightsholders and the live sector and explain what actions it is taking to support rightsholders in tackling copyright infringement. (24/25)

Here is an article I wrote for the Independent about my Copyright (Rights And Remuneration Of Musicians etc) Bill which I hope will play a part in helping to create a fairer environment for talented people to make money from their creative skills. (25/25) independent.co.uk/voices/music-s…

You can read the report in full here: committees.parliament.uk/publications/6…

For anyone wanting a short explanation of why this is important, I'd recommend watching this exchange I had with @MrTomGray in a previous @CommonsDCMS session on music streaming.

https://twitter.com/KevinBrennanMP/status/1331288327232909312

This thread is only a snapshot of some of the issues and recommendations contained in the report. I fully recommend reading the whole document: committees.parliament.uk/publications/6…

Here's a radio interview I did about the Committee's report.

https://twitter.com/KevinBrennanMP/status/1415672739545817103

https://twitter.com/KevinBrennanMP/status/1415729926561468418