Boston College Law School Magazine: Understanding Copyright Law

The Copyright Conundrum: Taylor Swift’s Impact on the Music Industry

Taylor Swift’s impact on the music industry in 2023 was undeniable. From her record-breaking Eras Tour to her re-released albums and high-profile relationship with NFL star Travis Kelce, Swift was everywhere. But it was her fight for ownership of her music that truly made waves in the industry.

In a presentation organized by BC Law’s Intellectual Property and Technology Forum, attorney Gary Greenstein discussed the intricacies of copyright law in the music industry. He explained the two distinct copyrights in music—the “circle C” copyright in the notes and lyrics, and the “circle P” copyright in the sound recording. Swift’s battle to regain ownership of her early albums highlighted the importance of these copyrights.

Swift’s decision to re-record her albums and take back control of her masters from Big Machine Records set a precedent for artists negotiating record deals. By refusing to buy back her masters and instead waiting out the contractual prohibition on re-recording, Swift shifted the power dynamic in the industry.

Greenstein warned that Swift’s actions could lead to longer prohibitions on re-recording for new artists, limiting their ability to own their music. This could result in established artists benefiting while new artists struggle to negotiate for ownership.

The fight between artists and record companies over ownership rights is intensifying, with labels holding all the negotiating power. Swift’s bold move to reclaim her music has sparked a larger conversation about ownership in the music industry, with implications for artists and record labels alike.

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