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Don't play Neil Young or the Doors, BBC tells DJs and programme makers | Don't play Neil Young or the Doors, BBC tells DJs and programme makers |
(about 9 hours later) | |
The way music is broadcast seems to change daily, but it’s usually a case of more music being made available in more different ways. Now, though, the reverse is happening. The BBC has told its producers and DJs not to play music by Neil Young, the Doors, Journey or Bonnie Raitt – or any cover versions of their songs, or tracks sampling them. | The way music is broadcast seems to change daily, but it’s usually a case of more music being made available in more different ways. Now, though, the reverse is happening. The BBC has told its producers and DJs not to play music by Neil Young, the Doors, Journey or Bonnie Raitt – or any cover versions of their songs, or tracks sampling them. |
Related: Raging in the free world: the many furies of Neil Young | |
The BBC’s legal department has emailed staff and independent producers telling them that the four acts have withdrawn from the Mechanical Copyright Protection Society (MCPS). That means the BBC has no means of paying the artists for broadcast of their music, and so it cannot play their music without breaching copyright. This applies, according to the email, “whether [the music is] played out in a DJ-led music programme, or used in a speech-based programme”. | |
In the meantime, the BBC has issued the following instruction with immediate effect: | In the meantime, the BBC has issued the following instruction with immediate effect: |
You can NOT use tracks by these composers on the radio and/or online. You can NOT use tracks by these composers whether they are originals or covers. You can NOT use the lyrics.You can NOT put performances using these compositions on line. You can NOT use tracks which include samples of these compositions e.g. Tracks by Skrillex/Chase & StatusYou can NOT use clips which include any compositions by these composers | You can NOT use tracks by these composers on the radio and/or online. You can NOT use tracks by these composers whether they are originals or covers. You can NOT use the lyrics.You can NOT put performances using these compositions on line. You can NOT use tracks which include samples of these compositions e.g. Tracks by Skrillex/Chase & StatusYou can NOT use clips which include any compositions by these composers |
If the music is “editorially essential”, producers should contact their commissioning editor, who will then liaise with the BBC’s copyright department. However, “please note that the BBC’s blankets cover a huge range of music so consider is the use really essential?” | If the music is “editorially essential”, producers should contact their commissioning editor, who will then liaise with the BBC’s copyright department. However, “please note that the BBC’s blankets cover a huge range of music so consider is the use really essential?” |
The BBC email says the four acts are represented by one publisher, Sharandall Music, though Raitt is not in fact signed to it. Sharandall was set up by Wixen Music, another publishing firm, two years ago. Naomi Asher, president of Wixen UK, told the Guardian that Neil Young had in fact withdrawn from MCPS in 2002, followed by the Doors in 2006 and Journey in 2013. She said the artists had all wished to withdraw from MCPS of their own accord, and that Wixen had set up its own licensing body to cater for them. When asked if Wixen was in dispute with the BBC, she said: “If we were, I wouldn’t be able to tell you.” | The BBC email says the four acts are represented by one publisher, Sharandall Music, though Raitt is not in fact signed to it. Sharandall was set up by Wixen Music, another publishing firm, two years ago. Naomi Asher, president of Wixen UK, told the Guardian that Neil Young had in fact withdrawn from MCPS in 2002, followed by the Doors in 2006 and Journey in 2013. She said the artists had all wished to withdraw from MCPS of their own accord, and that Wixen had set up its own licensing body to cater for them. When asked if Wixen was in dispute with the BBC, she said: “If we were, I wouldn’t be able to tell you.” |
Speaking separately to Music Business Worldwide, a Wixen spokeperson said: “The BBC can use Neil Young and the Doors any time they negotiate a license with us to do so in a given programme. All we are saying is that we won’t pre-approve uses or fees if the clients have not had an opportunity to review and approve the uses and fees.” | Speaking separately to Music Business Worldwide, a Wixen spokeperson said: “The BBC can use Neil Young and the Doors any time they negotiate a license with us to do so in a given programme. All we are saying is that we won’t pre-approve uses or fees if the clients have not had an opportunity to review and approve the uses and fees.” |
A BBC spokesperson said: “The issue has arisen for radio now because we will soon launch a feature which will enable audiences to download radio and music programmes to listen to offline on the BBC iPlayer Radio app. This involves the MCPS right which has been withdrawn.” The BBC spokesperson was unable to say why it had not been an issue in the 13 years since Young withdrew from MCPS, though it seems likely that the problem lies not with radio shows going out live, but in their usage on the iPlayer. One BBC national radio DJ the Guardian contacted said they had no idea why the ban had been imposed, and they had understood it to be a secret. | A BBC spokesperson said: “The issue has arisen for radio now because we will soon launch a feature which will enable audiences to download radio and music programmes to listen to offline on the BBC iPlayer Radio app. This involves the MCPS right which has been withdrawn.” The BBC spokesperson was unable to say why it had not been an issue in the 13 years since Young withdrew from MCPS, though it seems likely that the problem lies not with radio shows going out live, but in their usage on the iPlayer. One BBC national radio DJ the Guardian contacted said they had no idea why the ban had been imposed, and they had understood it to be a secret. |
MCPS told the Guardian: “MCPS endeavours to offer blanket licences to broadcasters to enable them to enjoy “all you can eat” access to record all repertoire into programmes. However membership of MCPS is optional and these repertoires haven’t been members for several years. MCPS therefore has to ensure that any blanket licences transfer appropriate value back to the rights holders in order to be able to continue to offer as much repertoire as possible to broadcasters. PRS, which administers performing rights, however, confirms the works remain available for simple radio broadcast.” The BBC, however, appears to be taking no chances. | MCPS told the Guardian: “MCPS endeavours to offer blanket licences to broadcasters to enable them to enjoy “all you can eat” access to record all repertoire into programmes. However membership of MCPS is optional and these repertoires haven’t been members for several years. MCPS therefore has to ensure that any blanket licences transfer appropriate value back to the rights holders in order to be able to continue to offer as much repertoire as possible to broadcasters. PRS, which administers performing rights, however, confirms the works remain available for simple radio broadcast.” The BBC, however, appears to be taking no chances. |
The BBC’s email to staff says the corporation is working to resolve the issue. While the four acts are hardly staples of the daytime radio playlists, the inclusion of samples and cover versions broadens the ban. For instance, Takeover by Jay Z, which samples Five to One, is one of many hip-hop songs to feature the Doors, while Skillex’s single Breakn’ a Sweat features a sample of Jim Morrison speaking and the other members of the Doors making musical contributions. Neil Young, meanwhile, has been widely covered by acts including Saint Etienne, Patti Smith and Bettye LaVette. | The BBC’s email to staff says the corporation is working to resolve the issue. While the four acts are hardly staples of the daytime radio playlists, the inclusion of samples and cover versions broadens the ban. For instance, Takeover by Jay Z, which samples Five to One, is one of many hip-hop songs to feature the Doors, while Skillex’s single Breakn’ a Sweat features a sample of Jim Morrison speaking and the other members of the Doors making musical contributions. Neil Young, meanwhile, has been widely covered by acts including Saint Etienne, Patti Smith and Bettye LaVette. |
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