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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