Shorter Reads

I Knew You Were Trouble – Taylor Swift re-records back catalogue in royalties row

Taylor Swift is re-recording her back catalogue to reclaim her copyright as her early back catalogue does not belong to her but to external investors.

1 minute read

Published 7 December 2021

Share

Key information

  • Sectors
  • Media arts and culture

‘You belong with me’ sang Taylor Swift in 2009 on her second studio Album Fearless. But in a bitter twist of copyright law, Swift’s Billboard topping hit and her early back catalogue does not belong to her but to external investors.

In a move that is ‘sweeter than fiction’, Taylor Swift is re-recording her back catalogue to reclaim her copyright. But will she end up with ‘teardrops on her guitar’, and is there more she could do to leave her royalties ‘safe and sound’?

Howard Ricklow, Partner and media lawyer comments.

“Taylor Swift signed her record deal with Big Machine when she was just 15. As is usually the case, Big Machine, a Universal company, owns the copyright in the sound recordings and can generally do what it like with them. In fact, it sold her albums to Ithaca Holdings in 2019, a company owned by Scooter Braun, who is Ariana Grande and Justin Bieber’s manager.

Swift has repeatedly accused Braun of bullying her and was angry when Universal sold her recordings. She claimed she was trying to buy them herself but was ignored. Since then, Braun has sold the recordings for US$300m to another company, Shamrock Holdings.

To ensure that royalties do ‘belong with me’, she has decided to re-record all her albums, looking to prevent Braun from profiting from the exploitation of the recordings.

As is commonly the case, Swift would have been prevented from re-recording the songs under the terms of “Re-recording Restrictions” under the deal with Big Machine. Typically, however, they would last between three to six years, so she is broadly free to re-record.

An obstacle to that may be if the co-writers of her songs objected to her re-recording them. That too is unlikely since under both US and UK copyright practice once a song has been recorded then generally anyone could record covers of those songs.

She could go further and put pressure of broadcasters and streaming services to only play her new recordings, reducing revenues from her earlier recordings. Fans have already started to block her old songs on streaming platforms and at least one major radio station has said it will no longer play her earlier recordings.

Swift has shown the power recording artists increasingly have over their music, the dissatisfaction with contracts signed when very young, and the steps they are prepared to take to ensure they own the rights and royalties of the music they create.”

Related latest updates
PREV NEXT

Related content

Arrow Back to Insights

Shorter Reads

I Knew You Were Trouble – Taylor Swift re-records back catalogue in royalties row

Taylor Swift is re-recording her back catalogue to reclaim her copyright as her early back catalogue does not belong to her but to external investors.

Published 7 December 2021

Associated sectors / services

  • Intellectual property
  • Intellectual property disputes
  • Media, arts and culture
  • Media arts and culture

‘You belong with me’ sang Taylor Swift in 2009 on her second studio Album Fearless. But in a bitter twist of copyright law, Swift’s Billboard topping hit and her early back catalogue does not belong to her but to external investors.

In a move that is ‘sweeter than fiction’, Taylor Swift is re-recording her back catalogue to reclaim her copyright. But will she end up with ‘teardrops on her guitar’, and is there more she could do to leave her royalties ‘safe and sound’?

Howard Ricklow, Partner and media lawyer comments.

“Taylor Swift signed her record deal with Big Machine when she was just 15. As is usually the case, Big Machine, a Universal company, owns the copyright in the sound recordings and can generally do what it like with them. In fact, it sold her albums to Ithaca Holdings in 2019, a company owned by Scooter Braun, who is Ariana Grande and Justin Bieber’s manager.

Swift has repeatedly accused Braun of bullying her and was angry when Universal sold her recordings. She claimed she was trying to buy them herself but was ignored. Since then, Braun has sold the recordings for US$300m to another company, Shamrock Holdings.

To ensure that royalties do ‘belong with me’, she has decided to re-record all her albums, looking to prevent Braun from profiting from the exploitation of the recordings.

As is commonly the case, Swift would have been prevented from re-recording the songs under the terms of “Re-recording Restrictions” under the deal with Big Machine. Typically, however, they would last between three to six years, so she is broadly free to re-record.

An obstacle to that may be if the co-writers of her songs objected to her re-recording them. That too is unlikely since under both US and UK copyright practice once a song has been recorded then generally anyone could record covers of those songs.

She could go further and put pressure of broadcasters and streaming services to only play her new recordings, reducing revenues from her earlier recordings. Fans have already started to block her old songs on streaming platforms and at least one major radio station has said it will no longer play her earlier recordings.

Swift has shown the power recording artists increasingly have over their music, the dissatisfaction with contracts signed when very young, and the steps they are prepared to take to ensure they own the rights and royalties of the music they create.”

Associated sectors / services

  • Intellectual property
  • Intellectual property disputes
  • Media, arts and culture
  • Media arts and culture

Need some more information? Make an enquiry below.

    Subscribe

    Please add your details and your areas of interest below

    Specialist sectors:

    Legal services:

    Other information:

    Jurisdictions of interest to you (other than UK):



    Enjoy reading our articles? why not subscribe to notifications so you’ll never miss one?

    Subscribe to our articles

    Message us on WhatsApp (calling not available)

    Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.

    I accept Close

    Close
    Scroll up

    Find out about Business

    Find out about Dispute Resolution

    Find out about Individuals & Families

    Find out about Real Estate

    We are Collyer Bristow - The law firm for those that
    value individuality, creativity and collaboration.

    Legal & Pricing info Regulatory InformationAccessibilitySitemapPricing and service information

    Listen to our latest podcast: Budget Miniseries: Impacts on Families with US Connections (Part 1)

    Listen to our latest podcast: Cracking the Code on Directors’ Service Agreements

    Read our latest article: Economist, or just economical with the truth? How can employers respond to ‘fake claims’ on a CV?

    Listen to our latest podcast: Autumn Budget 2024 Special (Part 2)

    Read our latest article: ‘Promoting the integrity of the register’: The new Companies House approach to non-compliance

    ExpandNeed some help?Toggle

    < Back to menu

    I have an issue and need your help

    Scroll to see our A-Z list of expertise

    Get in touch

    Get in touch using our form below.



      Business Close
      Private Wealth Close
      Hot Topics Close