Music has an inherent and symbiotic relationship with public service broadcasting. Music is a key part of the creative life of the United Kingdom and the use of music by the public service broadcasters, at whatever level, needs to recognise and respect the value of the music within programme services. This means broadcasters taking a lead in the proper reward of music creators, performers and rights holders. Without the incentive of proper rewards there will be less investment in music making and less risk taking which, in turn, will jeopardise the availability of diverse and good quality music for use in programming in the long term, and subsequently this will have a detrimental effect to UK culture.

Public Service Television organisations are both broadcasters and users of music. Both elements should continue to stimulate the production and use of new music through fair returns being paid to the creators and the owners of rights in the music, the sound recordings and the music videos broadcast for the benefit of its audiences. Public Service Television should provide effective platforms for the broadcast of British music in an accessible way to the widest possible audience, whilst celebrating the range and diversity of music genres.

A significant number of those involved in the music industry at some stage either work for or contribute to the way in which British music is performed, licensed by, commissioned, developed, recorded for or broadcast and otherwise distributed by the public service broadcasters. It is therefore important for the industry that music is specifically catered for as part of this review.

The Definition Public Service (Television) Broadcasting Incorporates Music

As mentioned, 'music' is a key part of public service television services within the United Kingdom. Accordingly, Parliament has endorsed this explicitly in the Communications Act. Section 264 of the Communications Act states that the fulfilment of the purpose of a television broadcasting public service should ensure (amongst other things) that cultural activity in the United Kingdom, and its diversity, are reflected and stimulated by the representation in those services (taken together) of … music… and by the treatment of other visual and performing arts.

This definition recognises that services should deal with a wide range of subject matters, likely to meet the needs and satisfy the interests of as many different audiences as practicable, whilst being properly balanced.

Given that Parliament has legislated for the recognition of music, we urge public service broadcasters to both strength and maintain their commitment to a diverse range of quality music on their platforms. Whilst the statutory recognition of 'music' within the definition of public service broadcasting is appreciated as a minimum requirement, there is a role for OFCOM to encourage broadcasters to adhere to their public service requirements by virtue of the duty to have regard to the desirability of this purpose being fulfilled. We trust that this will be reflected in both the review and final report on public service broadcasting.

Although we recognise that OFCOM has a statutory duty to conduct a review into television, we would welcome a broader approach to public service provision taking into account of radio broadcasting as well.

Quantifying and Measuring the Delivery of Public Service Broadcasting

We look forward to considering the analytical and statistical breakdown of music as part of the delivery of public service broadcasting. It is important to emphasise that music programming has to incorporate a diverse range of tastes and genres as part of this analysis. There should also be full recognition that music is integral to the wider aspects of a programming and commissioning.

As mentioned, OFCOM must acknowledge the cultural and creative benefits that music can bring to Public Service Broadcasting. However, notwithstanding the potential of imaginative models to quantify these benefits, it will be far more difficult to measure the broad social aspects which music invariably encompasses. Music has the ability to transcend social barriers and can be used as a key vehicle for enhancing social inclusion; to reach diverse communities and the under-privileged; and as an avenue for individuals to promote cohesive communities.

One of the central concerns of the Music Business Forum is that OFCOM must acknowledge the cultural and creative benefits which music can bring within a 'market led' approach to Public Service Broadcasting. OFCOM must recognise these 'softer' attributes are much more difficult to enumerate and quantify, yet are just as important as economic aspects.

The Purposes and Delivery of Public Service Broadcasting

At present, the Music Business Forum feels that public service television channels, 'taken as a whole' are very much 'light' with respect to music programming. This perception needs to be changed and an increase of creativity in programming for a diverse range of genres, both by the BBC and other public service broadcasters. Alongside these changes, the improved scheduling times for music is certainly recommended, particularly for with respect to the aforementioned diversity issues. We also urge the further encouragement of live music on public service television.

Public Service Broadcasters must strive to be distinctive and should facilitate the promotion of a broad range of music programming instead of simply competing for audience share with their commercial competitors. In a multi channel digital environment, we believe that there should be more efforts to source and broadcast new music on all existing channels. We would like to see a renewed commitment to the broadcast of UK-originated material, newly-composed, newly-recorded and alternative music so that it gets the airplay it deserves.

BBC Charter Renewal

The work and the services provided by the BBC touch almost every aspect of the music business. British Music Rights has responded to the Charter Review consultation, and many of our member organisations have made their own submissions, which are available upon request.

For more information please contact Scott Walker at British Music Rights.

For further information on the Music Business Forum, please contact: Clair Wilcox, Music Business Forum Coordinator. Email: MBF@clairwilcox.co.uk

Notes

The MBF is an informal group of music business organisations that, since its inception in the spring of 2002, has gained a reputation an an effective lobbying force, acting in the interests of the music making community. The members of the MBF represent interests from all aspects of the UK music making community in all the ways that reflect the vibrant diversity of the industry.