Taylor Swift Is Rerecording Her Music: A Legal Explanation

Taylor Swift’s decision to rerecord her music has created waves in the music industry, bringing to light complex issues surrounding artists’ rights. Let’s break down the key elements of this fascinating situation.

Understanding Music Ownership Rights

There are two main ownership types for any song: songwriter and master rights. These are distinct because they involve owning different aspects of a song. Songwriter rights cover musical elements that make the song unique, including its lyrics and melodies.[1] When you hum a tune by your favorite artist, you're reproducing the component that songwriter rights protect.

Master rights, on the other hand, cover a single, recorded song performance that can be commodified and distributed to the public.[2] The holder of master rights is usually a record company, and record deals typically include a clause that prohibits rerecording for several years to protect the label's investment. This restriction in Swift’s contract expired in November 2020.[3]

While our protagonist always maintained songwriter rights in her music, the master rights belonged to Big Machine Label Group, her former record label. Those master rights have changed hands a few times, too. Big Machine sold them to Ithaca Holdings (Scooter Braun), who turned around and sold them to Shamrock Investment Capital, an investment firm. So, although Swift wrote the songs, she had no control over the recordings streamed by millions of fans.

Since her re-recording restriction ended in November 2020, Swift has rerecorded three of her original albums, with plans to rerecord all of her original music. The rerecordings created new master rights, and she is the sole owner. So, while she hasn't regained ownership of her original recordings, she seriously harmed their economic value by providing her fans with alternative versions.

Leveraging A Third Ownership Right

Swift’s case introduces a lesser-known but critical music ownership right. In addition to songwriter rights, Swift exercises control over synchronization rights (“synch” for short). Synchronization refers to a song's use in visual media like movies, television shows, commercials, or video games. Synch rights apply whenever music is synchronized with on-screen action, hence the name. Here’s the catch: before a song can be synched with visuals, the owner of the master rights and the songwriter rights must approve.[4] This is “clearance” in the music licensing world.

Because Swift maintained her songwriter rights, she can unilaterally deny any request to use her music in revenue-rich visual projects. Not only does this dramatically decrease the value of her original recordings, but it also gives her leverage to demand that the rerecordings be used instead. This is especially powerful because she plans to rerecord her entire discography.

Beyond the Legalese

Taylor Swift’s case shines a light on the tangled web of rights in the music industry and the constant struggle for power between artist and label. Her decision to rerecord her songs shows that understanding fine print in contracts can make all the difference. While she will probably never regain control of her original recordings, Swift has effectively devalued and replaced them in the marketplace. She now has control over her old and new music, with her new master rights and the power to deny licensing clearance for the original recordings.

From a public relations standpoint, Swift’s struggle to regain ownership of her music unified her fans, many of whom vowed only to play the rerecorded versions. Not only has she won the legal battle, but Swift has managed to turn copyright and contract law into selling points for her music. This is a unique feat and deserves the consideration of managers, publicists, attorneys, label owners, and record producers everywhere.

[1] Copyright Act of 1976, 17 U.S.C. § 102(a)(2)

[2] Copyright Act of 1976, 17 U.S.C. § 102(a)(7)

[3] Moghadam, Saaman, Rerecord(R)ed: On Music Copyright and Taylor Swift’s Decision to Rerecord Her Songs, Colum. J.L. & Arts, (Nov. 22, 2021), https://journals.library.columbia.edu/index.php/lawandarts/announcement/view/453 

[4] Id.