Taylor Swift extends her trademarks: Why it doesn't matter when trying to predict re-records.

Basically, a lot of people are talking about trademarks without understanding how they work.

So, swifties on Twitter and TikTok are once again freaking out about the reporting that Taylor Swift has extended her trademark protections for Taylor Swift (Taylor's Version) and Reputation (Taylor’s Version). Those who are reporting on this extension likely do not understand intellectual property law.

Previously, people panicked out due to the “final” trademark extension that would have expired this summer. Many viral tweets and videos made the claim that Taylor MUST re-record and release these final two albums by the midpoint of this year, citing these filings as their reasoning why.

However, that is not how trademark law works.

To help you understand this concept, I will simplify general Intellectual Property laws (quite heavily). First, we need to explore the differences between copyright and trademarks.

Copyright is for the artwork itself. Think books, music, lyrics, art, etc. Copyright lasts for the life of the author plus 70 years. Taylor Swift’s copyrights are safe for at least another 100 years, and likely will outlast our own lifetimes.

Trademark is for the business or commercial use of artwork. Think logos, merch items, etc. Trademarks are infinitely renewable. (For example, even if the Mickey Mouse copyright expires, Disney’s logo is protected as a trademark indefinitely.)

Taylor’s current trademark for Taylor Swift (Taylor’s Version) and Reputation (Taylor’s Version) are what people have been harping on. These filings are what is expiring, not the trademarks themselves. This means that as long as Taylor continues to intend to use these trademarks, she can re-file and extend indefinitely. (Basically these re-records can come this year, or 50 years from now, and no law can force a release from her.)

Now, some may be asking why she had to wait a certain amount of time (6 years to be exact) between the initial release of the album and the re-recorded release. This comes from her original contract with Big Machine Records, her old record label.

This contract included a re-recording clause that prevented her from owning the master recordings of new versions of existing songs for an agreed-upon six years from release. Meaning Reputation (Taylor’s Version) had to wait until November 2023 to be released. There is no “maximum” time on these provisions.

As you manage your swiftie “clowning” in the world, make sure you consider the credentials of the person talking. I have a master’s degree in Entertainment Business which means I have a basic understanding of Intellectual Property Law. Those who have degrees specifically within that, or work in the field, can likely expand much further than I could about this topic.

I am still of the belief she will release the final two re-recording albums this year, but these filings sadly will not be a factor to consider in these releases.

Thank you so much for reading my first ever Substack article. Please consider following me on here if you are into a more intellectual / historical look on “swiftiedom!” I hope to provide interesting content and would be happy to take requests or discuss in the comments!

Have The Best Day,

Nicksversion