The Great War (Taylor's Version): Examining the New Era of Recording Artists & Master Recording Ownership

In 2019, Taylor Swift took to social media to voice her unease with the recent sale of her entire master recording catalogue to Ithaca Holdings, a sale that allegedly occurred without her explicit permission. Following a series of negotiations, holdouts, and ultimate deadlock, Swift made the critical and costly decision to re-record and re-release each of those six albums under her sole ownership in an effort to reclaim them as her own work—re-recordings publicly denoted by “Taylor’s Version”. This highly-publicized feud brought to the public’s attention a decades-long conflict between the recording artist and the recording company, one that has been only exacerbated in the digital age. Prince, Janet Jackson, and Paul McCartney are among the many who have also faced restrictive recording contracts. Consumption of music accounts for a significant portion of all consumer revenue in the United States, but long standing recording contract practices pose economic concerns over the continued efficiency and competition within the music industry. Bargaining power between the recording artist and recording company is inequitable, even in the digital age—which should have lowered barriers to entry in the music industry. The Copyright Act historically offers safeguards for amateur recording artists negotiating with record companies, but the digital age and evolving industry practices have made these mechanisms outdated. Because the original intent of the Copyright Act has depreciated amidst significant industry changes, this Note calls on Congress to return to the original intent of the Copyright Act and provide additional safeguards for recording artists.