Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
In My Copyright Law Era
Taylor Swift's re-recording project, "Taylor's Version," highlights her battle to regain ownership of her music catalog and the role of copyright law in artists' rights. While rooted in U.S. copyright law, this movement could inspire Canadian artists to negotiate for similar re-recording clauses, potentially shifting the industry's norms around creative ownership.
In recent years, four-time winner of the Grammy Award for album of the year, Taylor Swift, has been re-recording her earlier albums, creating “Taylor’s Version” releases that have captivated fans worldwide. The project arose from her effort to reclaim rights tied to U.S. copyright law. While this project is significant in the U.S. music industry, Canadian fans may wonder: how do copyright laws in Canada compare to those in the U.S.?
The Story Behind “Taylor’s Version”
To understand why Swift is re-recording her earlier albums, we must look at the music industry’s issue with master recordings. It is important to distinguish between two separate copyrights: (1) copyright to the song or musical composition itself, also known as the songwriting copyright (and called “publishing” rights in the music industry), and (2) copyright in the recordings themselves, also known as the masters. The masters are the recorded version of the song, which is what we listen to on streaming platforms or the radio.
When artists sign with a label, they often give up ownership of copyright in the masters, the original recordings of their music, in exchange for funding and promotional support. This ownership model gives labels control over how music recordings are used, sold, and streamed, while artists receive royalties but not full control over their creative works.
Copyright in the masters of Swift’s first six albums were owned by her former label, Big Machine Records. Swift was only 15 years old when she signed her deal with Big Machine Records, giving the label ownership of the masters. After Swift left her former label, Scooter Braun, a music manager, acquired them. This meant that Braun was now in control of most of her work, against Swift’s wishes as she had been attempting to buy back her masters herself. In response, Swift launched an ingenious project: she would re-record her entire catalogue, producing new versions with new copyrights that she could own outright and control. This led to the creation of "Taylor's Version", allowing fans to support Swift by streaming and purchasing her new recordings rather than the originals. Although Swift does not have the rights to the masters of her first recordings of these albums, she was able to re-record her songs through the songwriting copyright because she owns the rights to the compositions themselves and was not contractually prohibited from re-recording the songs.
Copyright Law and Re-Recording Rights
Swift's ability to re-record her albums is possible under U.S. copyright law and the specific terms of her contract. Generally, U.S. copyright law grants the copyright owner exclusive rights to reproduce, distribute, and modify their works. However, when an artist’s contract ends, it may allow them to re-record the same songs under new copyright, so long as they follow any agreed-upon waiting period.
Swift had such a re-recording clause in her contract, which allowed her to begin re-recording her albums after a certain period. Her new recordings are legally distinct from the original masters, meaning she can license "Taylor's Version" for streaming, film, and advertisements without needing her former label’s permission or sharing revenue with them. For artists seeking to regain control over their work, re-recording clauses have become an important tool, and Swift’s highly publicized re-recording strategy has brought this tactic into the spotlight.
Much like in the U.S., Canadian artists often sign contracts that determine who owns the masters and may also include clauses about re-recording restrictions. While Canadian copyright law doesn’t specify re-recording rights directly, contract terms generally govern whether an artist can re-record their songs and when. Canadian artists with similar contractual terms could, theoretically, adopt Swift’s strategy of re-recording to regain control over their works.
Could Re-Recording Clauses Become the New Norm?
Taylor Swift’s re-recording journey may inspire other musicians and industry stakeholders to rethink contract standards and best practices regarding artists’ rights. One major takeaway from Swift's approach is the value of securing re-recording rights early on. These clauses, once considered niche, could become a standard part of Canadian music contract negotiations, giving artists a pathway to regain control of their music after a set period. For Canadian artists signing with major or U.S.-based labels, Swift’s experience could serve as a powerful example and even leverage for negotiating better ownership terms.
Swift’s success with "Taylor’s Version" also shines a light on the potential of independence in the music industry. With Canada’s indie music scene already thriving, her project may inspire even more Canadian musicians to pursue independent careers from the outset, bypassing traditional labels altogether. An example of a successful artist who does not work with a label is Chance the Rapper. The validation of independent platforms has grown significantly, showing artists that major success doesn’t have to come at the expense of ownership. Taylor's re-recordings worked largely because her fans supportively jumped on board, purchasing, streaming, and promoting the new “Taylor’s Version” releases to reclaim her work.
As more artists enter the industry, music schools, industry programs, and mentorship networks may use Swift's example as an educational tool, highlighting the importance of understanding intellectual property rights and contract terms. Her story could serve as a compelling case study in artist empowerment, encouraging future musicians to advocate for themselves and seek fair contracts, so they have the freedom to own and control their creative work fully. Swift’s journey toward reclaiming her music catalog could ultimately lead to a cultural shift within the music industry – one that prioritizes artists’ rights and promotes long-term creative ownership as the new norm.
Currently, Taylor Swift has two albums left to re-release: "Reputation" and her self-titled debut album, "Taylor Swift." Each re-release has come with bonus tracks and vault tracks, adding excitement for fans, as they eagerly await for Swift to announce the release dates of these soon-to-be reclaimed albums!
