Source · Select Committees · Culture, Media and Sport Committee
Recommendation 8
8
Paragraph: 94
Metadata issues compound the poor terms on which creators are remunerated.
Recommendation
Metadata issues compound the poor terms on which creators are remunerated. Whilst there is a significant challenge, it is not insurmountable. First, the Government must oblige record labels to provide metadata for the underlying song when they license a recording to streaming services. Second, it should push industry by any means necessary to establish a minimum viable data standard within the next two years to ensure that services provide data in a way that is usable and comparable across all services. Third, it should work with industry to end the practice of distributing black boxes pro rata and, instead, place obligations on collecting societies that mean that this revenue is reinvested in the industry, such as to support creative talent and or develop solutions to revenue distribution issues. The Government should concurrently commission an exploratory audit of black boxes to achieve greater clarity as to what is genuinely impossible to allocate and what is mis- or un-allocated due to a lack of will. Finally, the Government should explore the practicalities of creating or commissioning a comprehensive musical works database and task the IPO with co- ordinating industry work on a registration portal so that rightsholders can provide accurate copyright data to necessary stakeholders easily.
Paragraph Reference:
94
Government Response
Accepted
HM Government
Accepted
The Government agrees that longstanding issues with the availability and quality of data hamper the ability of artists to be remunerated. An IPO report “Music 2025 – the Data Dilemma” published in 2019 highlighted the problems surrounding the quality of metadata and the lack of understanding and awareness of the importance of getting data right at the point of creation. The emergence of a DIY culture, the ever-increasing number of self-released tracks onto streaming platforms, and increasingly diverse ways of creating, producing and distributing music have made it even more difficult to maintain data management standards. The Government thinks the most practical way of addressing this is to improve awareness of the importance of data within the music industry, so musicians understand the benefits of getting their data right when they create music. To help address this, earlier this year, the IPO published ‘Music Copyright Explained’. It provides creators with accurate signposting and accessible information on how and where to assign their creative works. Building on the success of this, the IPO will shortly commission a separate piece of work to deliver an accessible guide to the importance of data for creators ‘Music Data Explained’. The IPO is leading the way internationally, working closely with the World Intellectual Property Organisation’s ‘WIPO for Creators’ initiative to deliver accessible content for an educational platform to support artists and creators globally. However, it is not just about educating creators. It is important that all parts of the industry work to ensure that the quality and timeliness of data is improved so that it is accurately recorded to allow for remuneration and attribution of creators. The Government agrees it has a role in facilitating these industry discussions. To this end, the IPO and DCMS will Government and Competition and Markets Authority Responses 7 work closely with partners on a music industry initiative ‘Credit’s Due’ to develop options for a minimum data standard. Work is already underway to convene a cross-industry technical working group. The group will be expected to report its progress after 6 months and our aim is for a minimum standard to be agreed after 12 months. It is also important to consider the role that technology may play in helping to empower artists by giving them greater control over their data, improving data quality, and making it easier to manage rights. The Government is engaging with technology businesses to encourage innovative solutions to this issue. The Government will not be taking forward the Committee’s recommendations relating to black box revenues because the use of black box revenues by collective management organisations is already regulated by the Collective Management of Copyright (EU Directive) Regulations 2016 (as amended following the UK’s exit from the EU). Under these Regulations, collective management organisations are obliged to ensure that there are appropriate and effective mechanisms for members to participate in their decision- making processes, including in relation to policies on non-distributable revenue. If any party considers that a collective management organisation is not complying with this obligation, they may submit evidence to the IPO which has the power to investigate possible breaches and enforce the Regulations.