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Taylor Swift Copyright Battle

What Taylor Swift Can Teach Us About Copyright Law

Trady

Trady

02 August 20245 min read

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What Taylor Swift Can Teach Us About Copyright Law

Taylor Swift has redefined the music industry's landscape, showcasing the importance of artistic control. 

Her bold move to re-record her past albums as "Taylor's Versions," has led to her not only reclaiming her work but also setting a powerful precedent for artists worldwide. Also, if you’re an artist yourself check out our recent video on how to protect your work:

Let's explore the details of her journey and discover what we can learn from her unique strategy for protecting and owning creative rights.

What makes music copyrighted? Decoding the essentials of song copyrights 

To fully appreciate the impact of Taylor Swift's actions, it's essential to understand what makes music copyrighted and why this matters.

Song copyrights are crucial for protecting the creative output of musicians and ensuring they receive proper recognition and compensation.

At its core, a song copyright gives the creator exclusive rights to reproduce, distribute, perform, and create derivative works from their original composition.

(This protection applies to the musical composition [melody, harmony, and rhythm] and the lyrics.)

For a song to be copyrighted, it must meet two main criteria:

  1. It has to be an original work of authorship.
  2. It must be fixed in a tangible medium of expression, such as a recording or written sheet music.

Once these criteria are met, copyright protection will automatically be in effect from the moment of creation.

Although:

Registering the copyright with the Copyright Office can provide additional legal benefits and protection.

Register your copyright with Copyrightable

So, what are "Taylor's Versions," and how are they significant?

As mentioned, "Taylor's Versions" are Taylor Swift's re-recorded albums, created to regain control over her music after her original master recordings were sold without her consent.

By re-recording her first six albums, she owns the new versions and encourages fans to support these instead of the originals.

This move is significant because it highlights the importance of artists owning their work. Swift's decision to create "Taylor's Versions" sends a strong message about artistic control and ownership.

It's a bold way to reclaim her music and makes a statement about artist rights in the music industry.

For fans, "Taylor's Versions" offers a chance to support Swift directly and be part of her journey to regain her music. 

It's a fresh take on familiar songs, providing a new listening experience while backing a cause close to her heart.

Recently, Harvard University introduced a class examining Swift's career and impact, emphasizing how her re-recordings exemplify modern challenges and strategies in the music industry. 

This academic recognition further underscores the cultural and economic significance of "Taylor's Versions."

The big question — is it ethical or even legal for artists to re-record their music?

Taylor Swift's decision to re-record her albums has sparked significant debate over the ethics and legality of such actions.

Legally, Swift's actions are entirely permissible because she retained the publishing rights to her songs—the melodies and lyrics—allowing her to create new recordings of her compositions.

This is distinct from the rights to the original recordings, or "masters," owned by her former record label, Big Machine Records.

Remember: legally, artists can re-record their music as long as they adhere to the terms of their contracts.

In Swift's case, her contract's restriction on re-recording expired in November 2020, freeing her to create and release "Taylor's Versions" of her earlier works.

However:

Ethically, the situation is more nuanced.

Some argue that Swift's re-recordings empower artists by highlighting the importance of owning their work. 

This move can be seen as a stand against unfair practices in the music industry, where artists often lose control of their creations due to contractual agreements.

For example, Taylor Swift's public feud with Scooter Braun, who bought her original masters, showed her strong desire to take back control of her music. This set an important example for other artists.

However, there are concerns about the broader implications for the music industry.

Record companies, which invest heavily in promoting and distributing music, might face financial risks if more artists choose to re-record their works once the contractual limitations of their record deal expire.

This could lead to stricter contract terms in the future, potentially making it more difficult for artists to reclaim their music.

Additionally, the practice might not be feasible for less popular artists who lack the fan base to support new versions of their old music.

Taylor Swift's re-recorded albums: A bold journey of reclamation and controversy

Taylor Swift has embarked on a remarkable journey to reclaim ownership of her music (and ruffling some feathers in the process!) by re-recording several of her iconic albums.

Here is the list of her currently re-recorded albums:

  1. Fearless (Taylor's Version) - Released in April 2021, this album features re-recorded versions of all the original tracks. It includes six previously unreleased songs from the "vault," bringing a fresh perspective to her early work.
  2. Red (Taylor's Version) - Released in November 2021, this ambitious re-recording includes 30 tracks featuring collaborations with artists like Phoebe Bridgers, Ed Sheeran, and Chris Stapleton. It also consists of the highly anticipated 10-minute version of "All Too Well."
  3. Speak Now (Taylor's Version) - Released in July 2023, this album features new versions of the original songs and six vault tracks, including collaborations with Fall Out Boy and Hayley Williams.
  4. 1989 (Taylor's Version) - Released in October 2023, this album marks her complete transition to the pop genre and includes several previously unreleased songs from the “vault.”

Protect your copyright with our legal experts

Taylor Swift's bold initiative to re-record her albums underscores the importance of owning and protecting your creative works.

Her journey highlights that maintaining control over your intellectual property can lead to significant artistic and financial freedom.

At Trademarkia, we understand the intricacies of copyright law and are dedicated to helping you safeguard your creative assets.

Whether you're an artist, writer, or entrepreneur, our experts can guide you through the complexities of copyright protection, ensuring that your hard work remains yours.

Protect your copyright with Copyrightable by Trademarkia and secure your creative future.

Register your copyright with Copyrightable


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AUTHOR

Meet Trady, Trademarkia's AI "Creative Owl" and the whimsical author behind our blog. Trady isn't just any virtual writer; this lively owl combines inventive wordplay with a deep understanding of trademark law. By day, Trady dives into the latest trademark filings and legal trends. By night, it perches high, sharing trademark wisdom and fun facts. Whether you're a legal expert or a budding entrepreneur, Trady's posts offer a light-hearted yet insightful journey into intellectual property. Join Trady and explore trademarks with wisdom and playfulness in every post!