Written by Abishag Levy
I am an ardent fan of Taylor Swift. I admit, I haven’t always been one. Over the years I even rolled my eyes every time I read about her personal dramas in the gossip column. But somewhere along the past year, and especially when I became familiar with her albums Folklore and Evermore, something changed. Her writing, not to mention, musical abilities, have made her one of the greatest musicians of our time, as she was named by American pop culture: Taylor Swift Is the music industry.
But she is not only a talented singer, writer, composer, and performer. She is also a smart, sophisticated businesswoman, one who likes serving her karma boiling hot. If you know, you know. In 2019, Scott Borchetta, the manager of her previous label, Big Machine Records, sold the master rights to Taylor Swift’s first six albums as part of selling his label to Swift’s nemesis, Scooter Braun. Taylor Swift condemned the sale claiming she was robbed of her rights.
This betrayal was well expressed in her music, and it is evident that through her re-recording project for her first six albums that she marks as “Taylor’s Version”, Taylor Swift claims ownership and control over her stolen master recordings. By re-recording her back catalog, Swift aims to create new versions of her beloved songs which resonates well with her development and maturing as a person and an artist (let’s not forget that the first of these six albums was recorded back in 2006) and retains the original essence that her fans adore. Through this endeavor, she seeks to revitalize her legacy while leveraging her brand identity.
Swift started protecting her trademarks in 2008 and since then she has filed and registered hundreds of trademarks worldwide. The trademarks include her name, signature, albums, songs, and tours but not only. For instance, she managed to register trademarks also in connection with expressions and phrases taken from her songs which her fans are well acquainted with in relation to her music recordings but also with respect to merchandise such as cloths, jewelry, clocks, doll houses, etc.
Under the new recordings, Swift labels the re-recorded albums under the trademark “Taylor’s Version” to distinguish them from her original albums. Not only do the new recordings serve as valuable assets in protecting her brand, but rather their strength lies in her association with the new versions, as opposed to the original albums, as versions she owns. She could not have done that if it were not for her large and dedicated fan base, and the extensive commercial success she has achieved throughout her career. In fact, some of the new recordings, the earliest of which, Fearless (Taylor’s Version), was released in April 2021, surpassed, from their release date in various streaming platforms, the number of streaming of her original albums.
This is, however, not the only reason that Swift is using trademarking strategy to safeguard her musical legacy. Taylor Swift’s current tour is protected under the trademark TAYLOR SWIFT THE ERAS TOUR. By trademarking the tour name, Swift establishes exclusive rights to use the mark in connection with entertainment services and merchandise. Those who tried to view her shows live, could only do that for a very short time until the live streaming ended. Similarly, in the first months of her tour, content creators on social media, notably TikTok, who posted videos from her tour or streamlined her surprised songs (songs that are not included in the tour’s setlists but are performed by Swift without the advance knowledge of her fandom), discovered that these videos were removed from their TikTok account. In both cases, the content creators were informed that this was a trademark infringement. According to her fans, the reason for that is that at the end of her tour, Swift will probably release a documentary or the show itself to one of the streaming service providers, just as her last 2018 tour for her album “Reputation” is available for streaming on Netflix.
Taylor Swift’s strategic trademark approach, especially in the context of her re-recordings and the “Taylor Swift Eras Tour,” showcases her legal acumen and dedication to protecting her brand. Swift’s ability to enforce her rights underscores the importance of her brand’s reputation and her commitment to maintaining control over her artistic endeavors. As she continues to make waves in the music industry, it is evident that Taylor Swift’s trademarks play a crucial role in safeguarding her legacy and ensuring her artistic vision remains intact.
