Swift Justice – How Taylor Swift Rewrote the Book on Music Copyrights

A recent article in the Harvard Law Review has shown how recording supremo Taylor Swift has cleverly shaken up IP law and the music industry and also reshaped how music deals will be done.

The Harvard article is based on a talk given by Gary R. Greenstein, a big shot in intellectual property law, at Harvard Law School and showing how Taylor Swift’s trademark energy and innovation has shaken up the IP industry so far as music copyright is concerned.

Greenstein (pictured) explains how Swift’s move to re-record her old albums as “Taylor’s Version” has sent shockwaves through the music industry. By doing this, she’s not only pleased her fans but also cleverly regained control of her work and potentially reduced the value of her old recordings owned by others.

Greenstein touched on the complexities of music copyrights, explaining the difference between owning the composition and the actual recording.

Because she is usually the main songwriter, she would already have rights to the musical works. As the author and owner of her newest masters, Swift now has majority control of her work.

Swift’s actions might change how record labels approach contracts in the future. They’re now scrambling to extend the time artists are prohibited from re-recording their work, sometimes pushing for as long as 20 or 30 years.

Greenstein suggests that Swift’s power move could have lasting implications for the industry. While not every artist has Swift’s clout, lawyers now have to consider the possibility that their client could be the next big thing and negotiate accordingly.

No major artist had previously invested the time and energy to re-record their catalogue as Swift had done. And the new Swift2.0 versions were also major commercial and critical successes.

When Greenstein asked the class whether they listened to the originals or to Taylor’s Version, most picked the latter.

It’s a meaty topic for anyone in entertainment law, showcasing how one artist’s actions can potentially reshape industry norms and contract negotiations.

“For decades, major labels were somewhat rational when it came to the prohibition of re-recordings,” Greenstein said.  “But now they’re going to be asking, ‘What’s the risk of a Taylor’s Version?’”

Recording artists now have more ways than ever to reach their audience and future deals will certainly consider the Swift-style when making them – as well the recording companies and others involving in an industry that digitisation and changing economics also reshape how deals are done.