Jameson Nowlan
So it Goes
In 2005, 15 year-old small town sensation Taylor Swift signed a 13-year recording deal with the emerging, independent record label, Big Machine Records.[1] In accordance with typical new artist recording deals, Big Machine Records exchanged a cash advance for ownership of Swift’s first six albums.[2] Due to the uncertainty of the music industry, cost of artistic production, and promotional needs for new talent, record labels often request rights to new music in order to safeguard their risky investment.[3] More often than not, unknown artists readily agree due to the immense value of record label representation and their relative lack of negotiation power as undiscovered talent.
However, unlike the fate of many new artists, Taylor Swift’s voice and lyrical talent skyrocketed her to international fame. In 2018, her initial recording deal expired after 5 number one hits on the Billboard Hot 100 Chart, 10 Grammy Awards including Album of the Year, and 5 headlining concert tours.[4] With her newfound fame and success, Taylor Swift signed a new deal with Universal Music Group including the landmark condition that she would own her masters going forward.[5]
This is Why We Can’t Have Nice Things
Notwithstanding her new record deal, Big Machine Records maintained control of the masters for Swift’s first six albums. In 2019, Big Machine Label Group was sold to Scooter Braun’s Ithaca Holdings, including her multi-million dollar portfolio. Despite initial signals that Braun intended to sell Swift her music back, the discussion allegedly collapsed over the prerequisite non-disclosure agreement terms.[6] Following public accusations of bullying, Swift promised to re-record her previous six albums and retain her own masters to deprive Braun of further financial benefit.[7]
Look What You Made Me Do
In 2019, during her promotional tour for her 7th studio album Lover, Swift told Good Morning America, “starting November 2020 — so, next year — I can record albums 1 through 5 all over again — I'm very excited about it. ... I think artists deserve to own their work.”[8]
Since then, Swift has released “Fearless (Taylor’s Version),” “Red (Taylor’s Version),” “Speak Now (Taylor’s Version),” and “1989 (Taylor’s Version),” all debuting at No. 1 on the Billboard Hot 100 and generating over $8 million dollars per month in streaming revenue alone.[9] However, to the dismay of many dedicated Swifties, “Reputation (Taylor’s Version)” and “Taylor Swift (Taylor’s Version)” have yet to be announced. Going beyond conspiracy theories and easter eggs analysis, some Swifites have turned to trademark law for clues on when they can expect her next re-release.[10]
In addition to owning her masters, Swift also applies and registers trademarks with the USPTO to acquire legal protection over her brand. Following her announcement to re-record all her albums, her team filed trademark applications for each album title based on intent to use.
After receiving a Notice of Allowance, an applicant must show proof of use in commerce within 6 months, or after filing a maximum total of 5 extensions, within 3 years.[11] On April 22, 2025, her fifth extension request to file a Statement of Use for “Reputation (Taylor’s Version)” was granted.[12] An excited fan (@getaway_carter) posted on X: “Most likely we will get an announcement of one [album] in the next few days.”[13]
Given the Trademark legal framework, should fans expect “Reputation (Taylor’s Version)” by the end of the year? Unfortunately, no. If Swift does not show proof of use in commerce by the expiration of the final extension, the trademark will be considered abandoned.[14] In the past, Swift’s team has simply filed for a new registration on the expiration date, starting the process over again.[15]
End Game
Beyond highlighting the dedication of Swift’s fans or “Swifties”, the ongoing tale reflects the persistent entanglement between legal rights and creative control in the music industry..[16] While fans may have to wait a little longer to hear “Reputation (Taylor’s Version)”, trademark law provides some Swifties hope that it may be sooner rather than later.
[1] Raisa Bruner, Here’s Why Taylor Swift Is Re-Recording Her Old Albums, TIME, https://time.com/5949979/why-taylor-swift-is-rerecording-old-albums/ [https://web.archive.org/web/20250516211417/https://time.com/5949979/why-taylor-swift-is-rerecording-old-albums/].
[2] Alex Finnis, Taylor Swift’s masters: The controversy around Scooter Braun selling the rights to her own music explained, THE PAPER, https://inews.co.uk/culture/music/taylor-swift-masters-scooter-braun-selling-rights-music-rerecording-row-explained-762411 [https://web.archive.org/web/20250516211723/https://inews.co.uk/culture/music/taylor-swift-masters-scooter-braun-selling-rights-music-rerecording-row-explained-762411].
[3] Should a Record Label Own The Masters? The Ownership of Masters in the Music Industry: The Pros and Cons for Record Labels, OTHER RECORD LABELS, https://www.otherrecordlabels.com/should-a-record-label-own-the-masters [https://web.archive.org/web/20250516211818/https://www.otherrecordlabels.com/should-a-record-label-own-the-masters].
[4] See generally Taylor Swift Wiki, FANDOM, https://taylorswift.fandom.com/wiki/Taylor_Swift_Wiki [https://web.archive.org/web/20250516211946/https://taylorswift.fandom.com/wiki/Taylor_Swift_Wiki].
[5] Jem Asward, Chris Willman, Taylor Swift Signs Landmark New Deal with Universal Music Group, VARIETY, https://variety.com/2018/music/news/taylor-swift-news-alert-1203032124/ [https://web.archive.org/web/20250516212031/https://variety.com/2018/music/news/taylor-swift-news-alert-1203032124/].
[6] Tim Igham, Scooter Braun Wanted to Sell Taylor Swift her Masters. What Happened?, MUSIC BUSINESS WORLDWIDE, https://www.musicbusinessworldwide.com/scooter-braun-wanted-sell-taylor-swift-masters/ [https://web.archive.org/web/20250516212114/https://www.musicbusinessworldwide.com/scooter-braun-wanted-sell-taylor-swift-masters/].
[7] Raisa Bruner, Here’s Why Taylor Swift Is Re-Recording Her Old Albums, TIME, https://time.com/5949979/why-taylor-swift-is-rerecording-old-albums/ [https://web.archive.org/web/20250516211417/https://time.com/5949979/why-taylor-swift-is-rerecording-old-albums/].
[8] Anastasia Tsioulcas, Look What They Made Her Do: Taylor Swift to Re-Record Her Catalogue, NPR, https://www.npr.org/2019/08/22/753393630/look-what-they-made-her-do-taylor-swift-to-re-record-her-catalog [https://web.archive.org/web/20250516212330/https://www.npr.org/2019/08/22/753393630/look-what-they-made-her-do-taylor-swift-to-re-record-her-catalog].
[9] Alex Arger, This is how much money Taylor Swift makes from her re-recorded albums, SCRIPPS NEWS, https://www.scrippsnews.com/entertainment/music/this-is-how-much-money-taylor-swift-makes-from-her-re-recorded-albums [https://web.archive.org/web/20250516212507/https://www.scrippsnews.com/entertainment/music/this-is-how-much-money-taylor-swift-makes-from-her-re-recorded-albums].
[10] The Editors, 40+ of Taylor Swift’s Most Brilliant Easter Eggs, Decoded, COSMOPOLITAN, https://www.cosmopolitan.com/entertainment/celebs/g45551106/taylor-swift-easter-eggs/ [https://web.archive.org/web/20250516212444/https://www.cosmopolitan.com/entertainment/celebs/g45551106/taylor-swift-easter-eggs/].
[11] Isabel Fox, PSA (Public Swiftie Announcement): Taylor Swift has 6 Months to Release the Last Two Re-Recorded Albums, GALLIUM LAW, https://www.galliumlaw.com/psa-public-swiftie-announcement-taylor-swift-has-6-months-to-release-the-last-two-re-recorded-albums [https://web.archive.org/web/20250503022746/https://www.galliumlaw.com/psa-public-swiftie-announcement-taylor-swift-has-6-months-to-release-the-last-two-re-recorded-albums].
[12] Reputation Taylor’s Version, USPTO.report, https://uspto.report/TM/90524340 [https://web.archive.org/web/20250516212748/https://uspto.report/TM/90524340].
[13] Carter (@getaway_carter), X, https://x.com/getaway_carter/status/1914677824306470915.
[14] Abandonment (of trademark), WEX, https://www.law.cornell.edu/wex [https://web.archive.org/web/20250516212856/https://www.law.cornell.edu/wex].
[15] Bryan West, What Taylor Swift’s trademark applications can tell fans about a ‘Reputation’ rerelease, USA TODAY NETWORK, https://www.usatoday.com/story/entertainment/music/2025/01/28/taylor-swift-trademark-reputation/77696525007/ [https://web.archive.org/web/20250516212911/https://www.usatoday.com/story/entertainment/music/2025/01/28/taylor-swift-trademark-reputation/77696525007/].
[16] What Does It Mean To Own Your Own Masters?, AMUSE, https://www.amuse.io/en/categories/industry/owning-your-masters/ [https://web.archive.org/web/20250516213013/https://www.amuse.io/en/categories/industry/owning-your-masters/].