Swift’s Latest Hit: Copyright Law; Boston College Law School Magazine Online, April 5, 2024

Sean Doolittle ’24, Boston College Law School Magazine Online; Swift’s Latest Hit: Copyright Law

"Greenstein described the impact that Swift’s gambit has had on the music industry: “Labels invest in artists, they hire producers, they pay for recording time, and they want to recover that investment. Recording agreements often prohibited musical artists from going out and re-recording a song for a period of five to seven years from the original release date of the record, or two years from the expiration of the contract. Now, thanks to Taylor Swift, they’re pushing that up to ten, fifteen, maybe even thirty years,” he warned. Once bitten, twice shy, as they say.

Swift has, in other words, slammed the door in the face of new artists hoping to come up through the recording industry, making it that much harder for future musicians to negotiate for ownership of their music. Now, up-and-coming musicians will be largely stripped of the ability to re-record their music and acquire the phonogram copyrights in a song for decades—well past their prime popularity, in all likelihood—instead of the traditional five- to seven-year period. Popular established musicians, on the other hand, stand to benefit, reinforcing the exclusive nature of the music industry."

Taylor’s Version of copyright; Harvard Law School, April 3, 2024

Brett Milano, Harvard Law School ; Taylor’s Version of copyright

"When Taylor Swift began re-recording her old albums and releasing the new, improved “Taylor’s Version,” she did more than delight a nation of Swifties. She also opened significant questions about the role of intellectual property in contract law, and possibly tipped the balance toward artists.

According to Gary R. Greenstein, a technology transactions partner at Wilson Sonsini, the Swift affair is one of many that makes these times especially interesting for copyright law. Greenstein’s current practice focuses on intellectual property, licensing, and commercial transactions, with specialized expertise in the digital exploitation of intellectual property. He appeared at Harvard Law School on March 28 for a lunchtime talk, which was presented and introduced by Chris Bavitz, the WilmerHale Clinical Professor of Law and managing director of the law school’s Cyberlaw Clinic. “I have been doing this for 28 years now and there is never a dull moment,” Greenstein said.

Greenstein placed the Swift story in the larger context of music copyrights. In music, he explained, there are always two copyrights. The first is for the musical work itself, and this is usually controlled by the composer/songwriter, or by a publishing company acting on their behalf. The second is the “master,” the recorded performance of the work, and this is usually controlled by the label."

Taylor Swift fans were right: Her next album is ‘1989 (Taylor’s Version)’; The Washington Post, August 10, 2023

Emily Yahr, The Washington Post ; Taylor Swift fans were right: Her next album is ‘1989 (Taylor’s Version)’

"This will be Swift’s fourth rerecorded album in her quest to own her masters after a dispute with her former Nashville record label."

Taylor Swift is a Pioneer of Intellectual Property Rights; American University Intellectual Property Brief, March 13, 2023

 Abigail Smith, American University Intellectual Property Brief; Taylor Swift is a Pioneer of Intellectual Property Rights

"Every time Taylor Swift walks out the door, she facilitates massive changes for the intellectual property rights of artists in the music industry.

Taylor Swift is one of the most popular artists in the world. Even if you don’t like her music, you have to admire her fighting spirit. Lately, she has been in a public battle with Ticketmaster over the availability of tickets for her upcoming tour. Before that, she fought with music streaming services to promote selling albums—thus, profiting off the work put into creating those albums—instead of allowing them to be streamed for free. Before that, she was fighting for her ownership rights over her music. Many of Taylor Swift’s battles have to do with her intellectual property rights, and the outcomes may impact all musicians."

CNN FlashDocs to Examine Taylor Swift “Shake It Off” Copyright Lawsuit in “Taking On Taylor Swift” Premiering Friday, December 23 at 9PM ET

CNN; CNN FlashDocs to Examine Taylor Swift “Shake It Off” Copyright Lawsuit in “Taking On Taylor Swift” Premiering Friday, December 23 at 9PM ET

"CNN will investigate the copyright lawsuit brought by songwriters Sean Hall and Nathan Butler against Taylor Swift for her hit song “Shake it Off” in Taking On Taylor Swift. The case was settled and subsequently dismissed on December 12, 2022. Produced by the CNN FlashDocs unit, the hour-long special asks larger questions about creators’ rights and originality in an industry rocked by multiple lawsuits targeting some of the world’s biggest pop stars."

Taylor Swift ‘Shake It Off’ Trial Alarms Legal Experts: “Makes Copyright Law Look Absurd” | Billboard News, December 2021

Billboard; Taylor Swift ‘Shake It Off’ Trial Alarms Legal Experts: “Makes Copyright Law Look Absurd” | 

"There’s a lawsuit alleging that Taylor Swift stole the lyrics to “Shake It Off.” The pop star could win the case, but some legal experts tell Billboard they’re alarmed that the case is headed to trial at all."