L

Lord Cashman (Non-Afl)

Speaking in the House of Lords on 28 January 2025

Debate

Data (Use and Access) Bill [HL]

Contribution

My Lords, I have reluctantly stayed out of this debate precisely because I am a copyright holder with copyrights stretching back over several decades. But, having listened to the noble Baroness, Lady Kidron, and others, it would be entirely wrong of me to remain silent. I have to express deep concern and disbelief that the Labour Party of Jennie Lee and of Chris Smith is proposing such a way forward. You cannot on the one hand talk about the importance to every single member of our country—whether at school or going to the high arts of opera—of the importance of the creative industries, and then, with legislation, begin their demolition. The Government’s approach is entirely wrong. Yes, they can strip away my rights. Indeed, only last week I received the huge sum of £1.76 for a performance. But that £1.76 represented a contract between an artist and someone who used the artist’s material. We are destroying that principle of contract. These amendments seem sensible, rational and reasonable, and they open the door for the development of AI in exactly the same way as when, as one of the officers of the British Actors’ Equity Association in the early 1990s, we were tasked with negotiating with the BBC, ITV and Channel 4 on the brilliant and new innovation of cable and satellite. We negotiated in order to try to protect artists, some hugely successful and some not so successful. Those negotiations took two years—although we do not have two years now—and at the start of them we were told that we would never reach an agreement. We reached an agreement, which has been adapted and adopted for all other forms of the use of television and audio material. Are the Government seriously telling us that we do not have the wit, intelligence or drive as a country to come to an adequate negotiation that protects copyright and advances AI? If they are seriously telling us that, I urge noble Lords to disregard it. I urge your Lordships most of all to vote not for the Elton Johns or the Paul McCartneys but for that one person who might be relying on that £1.76, and support these amendments.

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