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As the music industry digests the fallout from Brexit, PRS for Music’s Project and External Affairs Advisor Ali Condon lets us in on the work that’s taking place to ensure songwriters get a fair hearing at the negotiating table.
This autumn, as the drama of the EU referendum gives way to contemplation and negotiation, only one thing remains clear: no one knows when Britain will actually leave the EU, and under what circumstances. But, as an industry, it’s the perfect time to take stock of our current standing and work out where we want to be two, five, even 10 years from here.
When we do eventually leave the EU, there are myriad possibilities, both with regard to the terms of our departure and the agreements that will replace our membership of the union.
No one can say how long the negotiation process might take, or to what extent the UK will have a say. Equally, it’s clear Britain doesn’t actually know how it wants the new relationship to look and, without that clear direction, negotiators won’t know what to push for or what to concede.
In the midst of so much uncertainty, we, the music industry, need to come together and use this period of political ambiguity to agree our top priorities so that we can be a source of answers and solutions. From there, we must work together to ensure that those who will be negotiating Britain’s exit understand what the music industry needs to continue to thrive, and that they don’t simply take its global success for granted. We cannot allow copyright to be a negotiating chip that is simply tacked on to the end of a trade agreement.
Copyright law is currently set by the EU, but it’s applied in the UK via secondary legislation. Therefore, it’s highly likely the current copyright regime will remain in force as is, even after the repeal of the EU Communities Act, the piece of legislation which enshrines the primacy of EU law in the UK.
This repeal would, in effect, mean that EU laws would no longer be enforceable in the UK and as a result, there will no doubt be a review of existing legislation. We can’t afford to be complacent; we need to make it clear that the copyright framework must be maintained, and even strengthened where appropriate. Certainty is king in music: so much is dependent upon our ability to invest in the future, whether that be a publishing advance, studio time or a tour.
While it’s unlikely the government will make extensive changes to copyright, we can’t ignore the possibility that we stand to lose direct benefits accorded us by EU membership, such as EU funding; freedom of movement, which is an obvious boon to touring acts and will certainly be central to the negotiation process; and the forthcoming copyright legislation which will contain provisions to regulate the relationship between rightsholders and online service providers as part of the ongoing Digital Single Market (DSM) Strategy.
Also, the European Commission may be about to address safe harbour in that legislative package. That is the provision of law which has facilitated the transfer of value from creators to the online platforms by exempting them from liability for unlawful activity on their services.
We have worked closely with institutions in Brussels over the past two years to push for these much needed amendments and, now those will no longer be our representative institutions, we must encourage the UK government to lead on these issues. Perhaps, if the EU does not satisfactorily address safe harbour, we can even lead the way in redressing the balance of the market.
What about our place in Europe? We’ve been told that the European Commission still wants to hear from UK business - we are, and will remain, a significant stakeholder in the market. EU officials are banned from having any talks that could be construed as negotiations prior to the activation of Article 50.
However, the voice of the songwriter remains powerful both in Europe, at home in Westminster and in the devolved parliaments.
PRS for Music is already working more closely than ever with our industry partners both here in the UK and in Europe, from across the music industry and other creative sectors to make sure that, whatever changes do or don’t happen, songwriters, composers and publishers are heard and properly considered.
This autumn, as the drama of the EU referendum gives way to contemplation and negotiation, only one thing remains clear: no one knows when Britain will actually leave the EU, and under what circumstances. But, as an industry, it’s the perfect time to take stock of our current standing and work out where we want to be two, five, even 10 years from here.
When we do eventually leave the EU, there are myriad possibilities, both with regard to the terms of our departure and the agreements that will replace our membership of the union.
No one can say how long the negotiation process might take, or to what extent the UK will have a say. Equally, it’s clear Britain doesn’t actually know how it wants the new relationship to look and, without that clear direction, negotiators won’t know what to push for or what to concede.
We cannot allow copyright to be a negotiating chip that is simply tacked on to the end of a trade agreement.
In the midst of so much uncertainty, we, the music industry, need to come together and use this period of political ambiguity to agree our top priorities so that we can be a source of answers and solutions. From there, we must work together to ensure that those who will be negotiating Britain’s exit understand what the music industry needs to continue to thrive, and that they don’t simply take its global success for granted. We cannot allow copyright to be a negotiating chip that is simply tacked on to the end of a trade agreement.
Copyright law is currently set by the EU, but it’s applied in the UK via secondary legislation. Therefore, it’s highly likely the current copyright regime will remain in force as is, even after the repeal of the EU Communities Act, the piece of legislation which enshrines the primacy of EU law in the UK.
This repeal would, in effect, mean that EU laws would no longer be enforceable in the UK and as a result, there will no doubt be a review of existing legislation. We can’t afford to be complacent; we need to make it clear that the copyright framework must be maintained, and even strengthened where appropriate. Certainty is king in music: so much is dependent upon our ability to invest in the future, whether that be a publishing advance, studio time or a tour.
While it’s unlikely the government will make extensive changes to copyright, we can’t ignore the possibility that we stand to lose direct benefits accorded us by EU membership, such as EU funding; freedom of movement, which is an obvious boon to touring acts and will certainly be central to the negotiation process; and the forthcoming copyright legislation which will contain provisions to regulate the relationship between rightsholders and online service providers as part of the ongoing Digital Single Market (DSM) Strategy.
Also, the European Commission may be about to address safe harbour in that legislative package. That is the provision of law which has facilitated the transfer of value from creators to the online platforms by exempting them from liability for unlawful activity on their services.
We have worked closely with institutions in Brussels over the past two years to push for these much needed amendments and, now those will no longer be our representative institutions, we must encourage the UK government to lead on these issues. Perhaps, if the EU does not satisfactorily address safe harbour, we can even lead the way in redressing the balance of the market.
What about our place in Europe? We’ve been told that the European Commission still wants to hear from UK business - we are, and will remain, a significant stakeholder in the market. EU officials are banned from having any talks that could be construed as negotiations prior to the activation of Article 50.
However, the voice of the songwriter remains powerful both in Europe, at home in Westminster and in the devolved parliaments.
PRS for Music is already working more closely than ever with our industry partners both here in the UK and in Europe, from across the music industry and other creative sectors to make sure that, whatever changes do or don’t happen, songwriters, composers and publishers are heard and properly considered.
