Culture, Media and Sport CommitteeWritten evidence submitted by Sandie Shaw, Chair, Featured Artist Coalition
Personal Background: I am a rights owning recording artist who has been performing and producing music for 50 years. I am also a book author, qualified psychotherapist and founder of Arts Clinic for the mental well being and mentoring of those in the creative industries. I would like to thank you for inviting me here today to talk on behalf of the FAC.
Featured Artist Coalition Background: The FAC was formed in 2009 to represent the interests of recording artists. We have approximately 3,000 members made up of a mix of high profile artists like Mumford and Sons, Tom Jones and Jools Holland as well as new and up-coming artists. We have an artist only board—including a mix of established artists like Annie Lennox, Dave Rowntree from Blur, Fran Healy from Travis, Rumer and new artists.
I have served two years as a director on the FAC board and 18 months as the executive chair—with co chairs Nick Mason (Pink Floyd) and Ed O’Brien (Radiohead). We do not have the financial resources of other organisations and trade bodies like UK Music and its members. We work as volunteers and do it for the love of music and our hopes for the future.
My husband, an eminent clinical psychologist often says, “It is impossible for the right brain to articulate left brain experiences.” But let me try…
Some points I would like to make:
Support—Finance is the biggest barrier facing emerging artists establishing their own businesses. A recent BiS paper (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/136345/13-p176a-sme-access-to-finance-measures.pdf) highlighted sources of finance but they are all bank based. The problem is that banks don’t lend money to creators. We believe that the SEED EIS scheme launched in last years budget will be a good step forward but it has not quite kicked in yet.
Olympics—one of the keys to its success was the feeling that ‘we are all in this together’: engendering this ‘feel good’ spirit which is one of the primary function of the arts. We believe the success of the Olympics can be built on by more initiatives and opportunities, large and small which involve the cross fertilisation of all the creative industries and include the general public.
IP and piracy—IP is a right of remuneration rather than a control mechanism. We need to turn the taps on. Recording and playing music is how we make a living. We need to be paid fairly and properly by both consumers and the various technology and music bodies in between. I believe illegal file sharing from peer to peer networks should be dealt with through education. With appropriate funding a body such as the FAC could develop an education programme as it would help if consumers were aware of how much money artists were getting paid (or not). We feel that if consumers knew how file sharing and piracy affected their favourite artists, they would be less likely to engage in it. However, we do feel that organised piracy should be stringently dealt with by the law and that illegal sites should be starved of advertising money.
Collecting societies—need proper governance. Although PRS do a great job, recording artists are disadvantaged at PPL but this is being gradually addressed. This needs to change before we start trying to impose ourselves on Europe. The FAC are supportive of the EU Directive 2012/0180 on collecting societies which is currently being considered by the European Parliament. The FAC hope this will bring all collecting societies up to the standard of PRS.
Copyright extension—in its present form, although welcome from a theoretical point of view, has been a poisoned chalice for most recording artists, in particular ‘heritage artists’ from the 1960s and 1970s, as it has served to perpetuate the abusive and exploitative contractual relationships existing between them and the Rights Holders. Those few who have managed to achieve significant longevity (like Cliff Richard, The Beatles, The Stones, Pink Floyd, and indeed myself) have been able to re-negotiate their contracts by a combination of good fortune and force majeure. The majority, however, of these artists are pensioners who will now be in their late sixties and seventies. They are no longer able to perform live, and do not have the financial wherewithal or the current knowledge to hire a lawyer and fight for their rights. The labels have received the spoils with barely a thought for these artists. The MU will receive 20% for session musicians, hired to play on our recordings in the studio but Featured recording artists are disadvantaged. See the financials attached. We would like assistance from the Select Committee in getting the attention of the IPO and ensuring they take our concerns into consideration.
Copyright regime—Artists’ copyrights are their creations. We think of them as our babies and we believe we are their best guardians. Copyright should be licensed and never assigned as in Germany (max 35 years). This safeguards everyone in that it enables a contractual obligation to be re-assessed on both sides and if necessary stopped, or modified on new more appropriate terms. This is a BIG ASK but if any small thing I do in my lifetime can help to enable this to happen I will die a very happy lady.
Tax incentives—The creative process, career trajectory, and life cycle of a recording artist is very different from someone in a 9–5 job making their way up the ladder. The source of our work is ourselves. Like anyone else, we are subject to illness or a life changing personal event. Women have babies. While one might conceivably manage to coast in the usual work environment, even taking sick or compassionate leave is harder for artists as we are heading up a major promotion with everyone depending on us to deliver our unique performance. Artists are put under the most incredible personal and professional pressure. Major success does not last long, three years if you are lucky, five years if you are very lucky, 10 years plus and you are a living legend. One of the prerequisites of enduring success is to have fallow periods where you take time out to re-charge. This leads to artists having periods of high income and then no income. We do not have a regular annual income. It would really help if we were taxed over a five year period rather than annually. Also if we were given the option to re-invest a percentage of our taxable income back into the music industry. Our very success as artists is proof that we should know how best to invest. This way the artist and their money stay in the UK
School curriculum—Creativity in all respects needs to be nurtured in school. It is not all about learning by rote. We favour apprenticeships over degrees.
Geo clusters/hubs—These are incredibly important to individual artists. At the moment access to our world is very unequal. It is fine if you come from a public school background and have family money. This allows you to start on a level playing field and to keep your independence. In my view most great music has come from environments where people are struggling to turn things around such as those from inner city backgrounds. At the very least hubs will give a sense of community and fellow support to aspiring musicians. This alone is worth a lot. The FAC is very interested in developing this idea.
Govt and policy making 1—The IPO should allow all parties in the UK recording industry, including artists, to sort out our differences on content and implementation of copyright extension ourselves. It is far too important a piece of legislation to allow a dilettante approach. If we cannot reach agreement in 30 days then we suggest that an outside non partisan adjudicator is appointed for two weeks to sort it out.
Govt and policy making 2—Taking on staff should be easier for creative businesses. Apprenticeships are riddled with complex employment laws.
Govt and policy making 3—The whole music industry is based on a recording artist’s work. Everyone else is dispensable except them. We would like to be asked to the table not to always be on the menu. We would like the government to consult and talk to us as well as with music industry trade bodies and rights holders when drafting and proposing policies that will affect us.
April 2013