Copyright and Trademark Law in the Strategic Ex-Post Devaluation of Music Catalogs (Taylor’s Version)
Ella Wheeler Abstract: Taylor Swift’s “Taylor’s Version” re-recordings illustrate how intellectual property rights can be strategically deployed to reshape market outcomes in the music industry. This article analyzes how Swift leveraged copyright law, which permitted the creation of new master recordings, with trademark law, which branded the re-recordings and cultivated strong consumer association with her artistic autonomy. Through this strategy, Swift redirected consumer demand and licensing opportunities toward recordings she controlled. The article argues that Swift’s strategy represents an ex-post devaluation of her original music catalog. Although the scale of Swift’s success is unlikely to be replicated, her strategy demonstrates...