‘It’s Me, Hi, I’m The Problem, It’s Me’: Re-recording as an alternative to statutory copyright reversion

Joshua Yuvaraj

Journal of Intellectual Property Law and Practice, 2024, vol. 19, issue 12, 884-895

Abstract: This article examines re-recording of music as a way for artists to better capitalize on the popularity of their music. It does so in the context of Taylor Swift’s wild success re-recording her albums following a dispute over the ownership of her original master recordings. It considers how re-recording can better protect authors against unduly imbalanced contracting dynamics with record companies than the main mechanism for doing so in copyright law, statutory reversion (where the law allows creators to reclaim assigned or licensed copyright outside the bounds of contracts).The article interrogates common law reversion schemes in the context of sound recordings, with a special focus on the USA’s copyright ‘termination’ scheme (allowing creators to reclaim copyright after around 35 years). It then shows how re-recording may bypass reversion’s problems, though re-recording carries significant risks that make its future uncertain, and which authors should be aware of.

Date: 2024
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