Monday, 15 November 2021 17:06

Swiftly Re-Recorded: Taylor Swift Exercises Copyright Ownership to Circumvent Album Rights

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The music industry is abuzz this week due to Taylor Swift’s tactical re-release of her hit album, Red, as Red (Taylor’s Version). From 2005 to 2018, Swift was signed with Big Machine Records, the record label under which she skyrocketed to stardom. The thirteen-year contract provided that Big Machine would own the masters, or the original recordings, for the songs on Swift’s albums, which ultimately included those on: Taylor Swift (2006), Fearless (2008), Speak Now (2010), Red (2012), 1989 (2014), and Reputation (2017). On the other hand, Swift, who is famous for penning and composing her own love songs, retained the rights to her original lyrics and melodies under the agreement.

Swift left Big Machine for Universal’s Republic Records in 2018, and ensured that she secured the ownership of her future masters under the new contract. Then, in a move that shocked the music industry, Big Machine was quietly acquired in 2019 by Ithaca Holdings, a private equity group owned by Scooter Braun. Swift was unaware that her masters would fall into the hands of Braun, with whom she publicly had bad blood. Swift responded to the sale by calling Braun an “incessant, manipulative bully.” In the aftermath, there were attempts to block Swift from using the masters of her own songs, such as in her performance at the 2019 American Music Awards and in her Netflix documentary Miss Americana.

Equipped with her remaining rights, Swift resolved to re-record and re-release the albums she created under Big Machine in an attempt to regain control of her music. The re-recorded albums bear the same names as the originals, but each are marked as (Taylor’s Version).

tswift

Cover art for Red (Taylor’s Version)

Read 119 times Last modified on Friday, 19 November 2021 18:43
Kelly Malloy

Ms. Malloy earned her bachelor’s degree in Industrial and Systems Engineering at the University of Florida, and is currently a J.D. Candidate at the University of Miami School of Law concentrating on intellectual property. At Miami Law, Ms. Malloy serves as President of the Student Bar Association and is on the University of Miami Law Review. Ms. Malloy also served as President of the Intellectual Property Law Society, President of the Inter-Club Council, Executive Board Secretary of the Student Bar Association, and 1L Senator during her time at Miami Law. For her time in these roles, Ms. Malloy received the Joseph H. Bogosian Student Leadership Award. As a result of her dedication to her coursework, Ms. Malloy is in the top 10% of her class, received the Dean’s Merit Scholarship, received the Litigation Skills Adjunct Faculty Scholarship, and was awarded the Dean’s Certificate of Achievement in her Patent Law course. Ms. Malloy is a law clerk at the firm and assists attorneys by drafting patent applications, performing legal research, and preparing for litigation.