By: Kristin DiMambro
(Taylor’s Version). Why has this appeared on Taylor Swift’s songs in recent years? Swift decided to re-record the first six albums of her career after Scooter Braun’s company, Ithaca Holdings, bought her former record label, Big Machine Records, in 2019.[1] This meant that Braun owned the master recordings of her first six albums, Taylor Swift (Debut), Fearless, Speak Now, Red, 1989, and Reputation.[2] Swift was openly against the sale because Braun was Kanye West’s manager and Swift claimed that Braun had helped West bully her on social media.[3] Braun ended up selling Swift’s master rights for over $300 million dollars to Shamrock Holdings.[4] Swift further stated that she did not receive the opportunity to buy her masters from Big Machine Records before the sale, but rather could extend her contract and earn one of her old albums for a new one.[5] After the sale, Swift entered negotiations with Braun’s company, but stopped when it became clear she would have needed to sign an NDA to only speak positively about Braun.[6] For Swift, rerecording her music was how she could own and control her past, present, and future.
Swift, however, is not the first artist to re-record music for ownership or other reasons. Some artists re-record songs to match their new sound, like All Time Low recently did with their hit “Dear Maria, Count Me In”.[7] Aly & AJ similarly released a re-recorded, explicit version of “Potential Break-Up Song” because they thought their fans would connect with it.[8] On the other hand, Frank Sinatra re-recorded his songs when he began his own record label in 1960.[9] JoJo, a teen pop star, also re-recorded her first two albums after her former label would not allow the music on streaming platforms.[10] But what does it mean that artists do not own their music?
Artists, in conjunction with evolving technology, have shaped the music industry and who owns musical works.[11] Before the phonograph was invented in 1877, some governments gave musicians ownership of their work, but there was no formal protection.[12] The year 1904 brought one of the first record deals ever recorded.[13] In 1909, Congress created a mandatory mechanical license so publishers and writers, but not performers, could profit in a small way from records sold.[14] From 1930 to 1960, radio reigned supreme.[15] Musicians were still unionized and artists received 3-5% rates on 90% of sales.[16] While this may seem like a low amount for artists to receive, the entire process from recording, manufacturing, distributing, and marketing music was expensive.[17] Record companies had to front the sales projections and eat the losses when music underperformed, so the companies took financial risk to release music.[18] Starting in 1960, television also vastly increased the marketing of music, so advances increased.[19] Later when vinyl, cassettes, and the CD were invented, royalties and advances grew exponentially, but some performers lost money on contract clauses that decreased their royalties on new technology.[20]
A standard contract in the music industry includes the record label owning the rights to the master recordings and other contributors owning the publishing rights.[21] But what is the difference between the master and the publishing rights? The master recording is the original recording of a song, essentially the final product as defined in the U.S. Copyright Act of 1976.[22] The copyright owner of the master recording has the right to use the work in different ways like granting licenses to third parties to use it and the right to profit if the song is published or streamed.[23] Artists often receive royalties from this commercialization.[24] Publishing rights are the different components of the song like lyrics, music, and melodies, so collaborators, like songwriters, receive those rights.[25]
Swift signed a thirteen-year recording contract with Big Machine Records at the age of fifteen.[26] Big Machine received ownership of the masters for the cash advance for her first six albums.[27] Swift retained the publishing rights to the albums because she was the primary songwriter. Once Swift left Big Machine Records, she was not in control of what her music was used for because she owned the publishing rights, not the master recording. Swift then made the decision to re-record her albums. However, she needed to wait five years after an album’s commercial release to release the re-record.[28] What sets Swift’s re-record apart is the public nature and overall success. Swift was clear that she planned to re-record the albums and invited her fans to listen to her versions so she would profit off them, not Braun or anyone else.[29] Swift hired the same collaborators from the original songs to work on the re-records, including band members.[30] Not only did she recreate her old songs, but she also added new songs, ‘From The Vault,’ and new artwork and merchandise.[31]
Along with the new songs, Swift filed trademarks for the albums so she could sell items branded with the albums’ name and art.[32] Swift went through the process with her four completed re-records, but has yet to release her debut self-titled album and fan favorite sixth album Reputation.[33] In 2025, Swift filed for the final six month extension for trademarks for these albums.[34] This means that by August 16, 2025, Swift must prove she is using the marks in commerce. Otherwise, the trademark would be considered abandoned.[35] Some Swifties believe Taylor intends to release these re-records before August, but it’s possible for Swift to regain the trademark after it’s abandoned by refiling it.[36] So, why does Taylor Swift’s music say (Taylor’s Version) now? Swift herself said it best in an interview with Seth Meyers, “When something says in parentheses ‘Taylor’s Version,’ that means I own it, which is exciting.”.[37]
P.S. Taylor, in the unlikely event you’re reading this, if you could drop Reputation (Taylor’s Version) at your earliest convenience, I would be forever grateful. – <3 –
[1] Sophie Caldwell, What exactly does ‘Taylor’s Version’ mean? Here’s what to know, Today (Aug. 9, 2023), https://www.today.com/popculture/music/taylors-version-meaning-swift-rerecording-albums-rcna98513.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Caldwell, supra note 1.
[7] Sophia Solano, After 20 years, All Time Low reflects on a legacy. It’s more than ‘Dear Maria.’, The Washington Post (Aug. 14, 2024), https://www.washingtonpost.com/dc-md-va/2024/08/14/all-time-low-concert-dc/.
[8] Liz Calvario, Why Aly & AJ Decided to Give ‘Potential Breakup Song’ an Explicit ‘Makeover’ (Exclusive), ET Online (Jun. 24, 2021), https://www.etonline.com/why-aly-aj-decided-to-give-potential-breakup-song-an-explicit-makeover-exclusive-167904.
[9] Annie Zaleski, The Rhymes And Reasons Behind Re-Recording Your Own Classics, NPR (Apr. 12, 2021), https://www.npr.org/2021/04/12/986430235/the-rhymes-and-reasons-behind-re-recording-your-own-classics#:~:text=In%201960%2C%20Frank%20Sinatra%20left,hits%20on%20the%20new%20label.
[10] Taylor Weatherby, JoJo On Rerecording Her First Two Albums After Legal Battle: ‘This Is Closing a Chapter For Me’, Billboard (Jan. 15, 2019), https://www.billboard.com/music/pop/jojo-interview-new-versions-the-high-road-old-albums-8493194/.
[11] Decoded: The History of Record Deals, AWAL, https://www.awal.com/blog/history-of-record-deals/.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Decoded: The History of Record Deals, supra note 10.
[17] Id.
[18] Id.
[19] Id.
[20] Id.
[21] Ownership of Master Recordings in the Music Industry: Swift Winds of Change?, Tilleke & Gibbons, https://www.tilleke.com/insights/ownership-master-recordings-music-industry-swift-winds-change-0/.
[22] Id.
[23] Id.
[24] Id.
[25] Owen Culliney, Taylor Swift vs The Big Machine: what’s this copyright fight really about?, ICLAW (Apr. 3, 2022), https://iclaw.com/taylor-swift-vs-the-big-machine.
[26] Id.
[27] Id.
[28] Capital Buzz, When does Reputation (Taylor’s Version) come out? Here’s what Taylor Swift has teased so far, Capital FM (Jan. 20, 2025), https://www.capitalfm.com/artists/taylor-swift/reputation-taylors-version-release-date-when-vault-tracks/.
[29] Dessi Gomez, What’s Next for Taylor’s Version? Everything to Know About Swift’s Re-Recorded Albums, The Wrap (Nov. 1, 2023), https://www.thewrap.com/taylor-swift-taylors-version-albums-explained/.
[30] Id.
[31] Id.
[32] Bryan West, What Taylor Swift’s trademark applications can tell fans about a ‘Reputation’ rerelease, USA Today (Jan. 28, 2025), https://www.usatoday.com/story/entertainment/music/2025/01/28/taylor-swift-trademark-reputation/77696525007/.
[33] Id.
[34] Id.
[35] Id.
[36] Id.
[37] Jason Aten, 3 Lessons From Taylor Swift’s Rerecorded ‘Red’ Album That Have Nothing to Do With the Music The key to her success is about more than just her songs., INC. (Nov. 18, 2021),
