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...
Reclaiming Identity: A Quasi-Intellectual Property Framework For Biometric Data
Emma Pulkowski Abstract: Biometric identifiers including faces, voices, and behavioral traits are increasingly embedded in modern identification systems, yet the laws regulating them remain fragmented. Privacy statutes primarily address consent, right of publicity laws only protect commercial uses of likeness, and intellectual property (IP) law does not recognize such human identifiers – leaving individuals with limited recourse when their identities are misused or appropriated. This Article argues that biometric identifiers should be treated as quasi-IP, granting individuals personal ownership and control while preserving legitimate expressive and institutional uses. This Article outlines the shortcomings of existing privacy, publicity, and IP doctrines...