This episode focuses on Copyright law in music and entertainment. John and Eric discuss Taylor Swift's music and the significance of "Taylor's Version" on download and streaming platforms. There is also some time dedicated to John's love of the Insane Clown Posse.
First – intro into copyright law – few quick definitions then pull it together
What is a copyright – type of IP that protects original works of authorship the moment an author fixes the work in a tangible medium of expression.
What is a work – picture, movie, musical recording, book, architecture, code, etc
What are copyright rights –
Reproduce the work
Distribute copies of the work
Perform the work publicly
Make derivative work
Perform copyrighted sound recordings by means of a digital audio transmission
Display the work
Explain copyright as bundle of sticks
Bring it all together.
Second, copyrights in music/albums
There are always two copyrights at issue: the music itself/lyrics and the musical recording.
Artist usually owns the music/lyrics
Record label owns the recording
Gives both rights in the music, need both approval for licensing, etc
Now to Taylor
Big Machine Records owned Taylor’s musical recordings
That entity was sold to Scooter Braun, manager of many famous groups
He sold it to a private equity firm, estimates are $300 million
This would give this PE firm rights to control that music
Taylor didn’t like this and said fuck you
Contract Law
Taylor’s contracts with Big Machine Records gave her re-recording rights after 2 years.
So this allows her to re-record the songs
But isn’t that infringing on the PE firm’s rights?
NO
Copyright law, specifically 17 USC 114
The exclusive rights of the owner of copyright in a sound recording under clauses (1) and (2) of section 106 do not extend to the making or duplication of another sound recording that consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording.
So this means Taylor can make the same song (she owns the music and lyrics) and record it and it is NOT infringement
And that is exactly she did. She re-recorded 4 albums and you will see they are all called “Taylor’s Version” on Spotify/Apple music
Boss move
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