‘Where is the Public Interest in Collective Licensing?’
ABSTRACT: In 1841, Lord Macaulay argued that copyright ‘produces all the effects which … mankind attributes to monopoly … to make articles scarce, to make them dear, and to make them bad’. Popular music has witnessed the reverse. The music industries’ most obvious monopolies are the collection societies. Collective licensing makes music abundant (blanket licence schemes, in particular, provide unfettered access to music) and it prices it democratically (all music costs the same). Collective licensing has shaped our musical environments. It is the reason why, in theory, any song can be broadcast or played in public premises. It is being weakened. Artists, labels and publishers are withdrawing from licensing schemes for streaming. Entrepreneurs are proposing blockchain systems that will do away with the need for collection societies. It is licensors and licensees who have dominated narratives about collective licensing. Questions of ‘public’ interest have been focused on how much businesses should pay and how much creators should receive. It is the argument of this paper that music consumers need to enter these debates. If collective licensing is eroded then music will become more expensive and scarce.
Richard’s favourite form of music, he says, is blanket licensing! He intends to advocate, today, for the needs of the public. Are [copyright] monopolies always inherently ‘evil’?
[with apologies to Martin for missing the start of his session]
From the late 1920s until the late 1980s the amount of records the BBC could play on its radio stations was severely limited by a system known as ‘needletime’. Officially this was an arrangement between the BBC and Phonographic Performance Limited (PPL), acting on behalf of the major record companies. However it was also subject to scrutiny and intense lobbying by the Musicians Union (MU) which was dedicated to restricting the amount of records played on the radio as part of its determined campaign to ‘keep music live’. Based on a series of previously unseen documents, this paper examines the history of the needletime agreements, their scope and the controversies which emerged between the contending parties. It suggests that an understanding of the needletime agreements sheds further light on the historically complex nature of the UK’s music industries and on the interactions between those representing music makers, music publishers and music users.
7 Kelly Clarkson – Stronger (What Doesn’t Kill You)
8 Rihanna and Calvin Harris – We Found Love
9 Carly Rae Jepsen – Call Me Maybe
10 Maroon 5 – Payphone
From memory, I recalled that all of these songs had some similar sonic characteristics, so I did some basic analyses to see which music/lyric elements they shared. I found the following;
All of them are love songs of one type or another
3 of the love-related lyrics include references to dancing
5 of the songs have a tempo of 128 BPM (or pretty close)
The lowest tempo is Next To Me (96BPM)
The highest tempo is Dance With Me Tonight (a crazy 166BPM – but it’s a 1950s pastiche)
All the songs are in 4/4 time (OK, pretty obvious, that one)
6 of the songs use 4-on-the-floor kick drum in the chorus
All of the songs use four-chord loops over 2, 4 or 8 bars
5 of the songs use one four-chord loop throughout
All of the songs are in chorus form (none are AABA) and most have very similar forms
2 of the songs contain specific references to other hits (Titanium opens with a sample from Every Breath You Take and Dance With Me Tonight uses the 8-bar chord loop from Stand By Me)
Mean average intro length is 11 seconds
Mean average BPM is 124.4
Mode and median intro length is 4 bars
Here are my stats if anyone wants them. Methodology note – I measured the BPM using a click-along manual counter (BPM Counter widget for Mac) so some of the BPMs might only be accurate within a tolerance of 1 or so. Corrections welcomed.
What can we conclude from this? Well, it certainly appears that the centre of popular mainstream has some pretty clear norms. Previous readers might remember that I ascribe some of this to economic Darwinism applied by listeners to songwriters via the marketplace. One might argue that the PPL list itself is unrepresentative, as it mainly represents songs that are playlisted in large numbers (i.e. it’s a DJ/radio station poll rather than a true measure of listener interest) but I don’t agree with this point of view. Yes, playlists influence listener preferences, but any radio station that didn’t play songs that people liked would lose listeners overnight. And the playlist does also include TV performances and venues – including pubs, shops etc. I think it is impossible to argue that these songs are anything other than extremely popular. Which, for me, makes them worthy of analysis.
I am of course fascinated by the prevalence of four-chord loops here (more in this annual top 10 than in any previous chart top 10 I’ve analysed), and I wonder if, in some types of mainstream song, 4-chord loops have become like choruses, breakdowns or intros – they’re just a part of the form that becomes a musical constant against which the track’s variables (lyric, performance, melody, production) are contrasted. Certainly when listening to them I don’t get bored by the loop itself. I’ve briefly alluded to chord loops as an evolved constraint before.
Most surprising to me was the prevalence of 128BPM. Not just 120+, but almost exactly 128BPM, in half of the songs. The mean BPM (124.4) is a fair bit higher than the mean average over the previous 60 years of US/UK chart hits (around 119BPM). Only Emeli Sandé is keeping us relaxed (96) and only Olly Murs is crazily jivin’ (166BPM).
All of this is to be poured into the songwriting creativity studies that will form the PhD thesis to be published in late 2014.