For years, Taylor Swift has battled for the IP rights to her own music. Our previous blog Learning Lessons from Taylor Swift's IP Troubles documents her long running struggle with ownership of her IP. However, she has now successfully bought back the rights to her first six albums. A move that some might say is Better than Revenge!
Look What You Made Her Do
In the early stages of her music career, Swift signed a record deal with Big Machine Records. At the time, it was common practice for record labels to own the master recordings of their artists. As a result, many famous artists, including the Beatles, Prince and now herself, have had long-running battles with IP holders to buy back their original works.
Trouble began when Swift’s deal with Big Machine Records expired in 2018. A year later, the record label was acquired by Scooter Braun's Ithaca Holdings. Thereafter, Ithaca Holdings re-sold the master rights to Swift’s first six albums to Shamrock in 2020. Swift has always maintained that at no point during these sales was she afforded the opportunity to buy back the IP rights in her music.
However, Karma was just around the corner! Swift was a Mastermind and knew the power of her huge Swiftie fan base All Too Well and so, in 2021, she set out to re-establish power in her IP battle. In a bid to diminish the value of the master recordings owned by Shamrock, Swift started re-recording her earlier albums to create what became known as 'Taylor's version'. Many of her 'Taylor's Version' albums significantly outstripped sales of the original versions. The publicity surrounding Swift's campaign to buy back the IP rights to her original music also sparked a wider debate within the music industry, prompting many budding artists to be aware of the importance of negotiating control of the copyright in their works from the outset of their careers. Swift made it plain: it's not causing Trouble to fight for your IP, it's just good commercial sense!
Years on and Swift has achieved her End Game as she now fully owns the copyright to her music after signing a deal with Shamrock; a notable full-circle moment.
'Question ….?' What is copyright?
Unlike other intellectual property rights, such as trade marks, which require to be registered before they come into existence, in the UK copyright arises automatically as soon as an original piece of creative material (for example, literary, artistic, dramatic or musical works) is created. Therefore, anything from an original novel to a painting of a scenic landscape to a pop song lyric can be protected by the law of copyright. In the UK, this is regulated by the Copyright, Designs and Patents Act 1988.
Copyright essentially provides the right holder with an exclusive right to copy the work and issue copies of the work to the public, or, in the case of dramatic or musical works, play or perform the material for others. By extension, this also gives the copyright holder other ancillary rights, such as to obtain royalties from performances or distribution of the works, as well as have creative control or an ability to dictate how the works are replicated or displayed by third parties.
Will Swift's rights to her music last for Evermore?
Now that we know there will be no more tears ricocheting for Swift over her lost music, it is important to consider just how long Swift's copyright will endure for.
In the UK, copyright ordinarily lasts for 70 years after the artist's death. However, there are some exceptions in the 1988 Act such as broadcasting which expires 50 years from the end of the year in which the broadcast was made. Once the copyright surpasses the prescribed period it enters the public domain, and the owner then loses their exclusive rights.
Are you in your brand protection Era?
Through the 'Taylor's version' movement, Swift has created one of the most lucrative brands in the world. From friendship bracelets to Eras Tour tickets and merchandise, the Swift empire extends far beyond just receiving royalties from the music itself. While retaining ownership of her own music was of personal importance to Swift (as it will be for many artists), creative individuals often invest heavily in creating and maintaining their brand more widely, which is imperative to the success of their business. Therefore, it is important to consider whether any merchandise, names or logos associated with creative works require IP protection.
Intellectual property is a prized asset for businesses of any nature - whether that is copyright in music, a trademark for a brand or logo, or patent rights in a new technological invention. Having an all-encompassing brand protection strategy is key to protecting you or your business' commercial interests, as it provides the legal protection required to take necessary action against any infringing activity, including copycat products or goods which may seek to undermine your business' reputation.
So…..Are you Ready For protecting your IP?
If so and you'd like to Shake Off the risk of IP infringement from your competitors then please get in touch with a member of the IP, Technology & Data team or your usual contact at Brodies.
