Who owns music? Musicians re-record to take back rights | ABC Radio National

Key Concepts:

• Re-recording of songs
• Copyright in the song (musical work)
• Copyright in the recording (master recording)
• Artist independence and ownership of masters
• Licensing arrangements

Pete Murray's Re-recording of "Better Days"

Pete Murray, 20 years after the original release of "Better Days," has re-recorded the song and is now encouraging listeners to play this new version instead. This decision stems from his move to become an independent artist and his desire to own the masters of his greatest hits, starting with "Better Days."

Taylor Swift's Influence and the "Swifty"

Murray explicitly references Taylor Swift's highly publicized struggle to own her masters as inspiration for his actions, calling it "pulling a swifty." Swift re-recorded four of her six earliest albums to regain control over her music.

Copyright Law and Re-recording Rights

The legality of re-recording previous work hinges on the distinction between two separate copyrights:

1. Copyright in the Song (Musical Work): This copyright belongs to the songwriter (in this case, Pete Murray) for the composition itself.
2. Copyright in the Recording (Master Recording): This copyright belongs to the entity that financed and created the specific recording, typically the record label. It covers the specific performance, production, and arrangement captured in the studio.

These two copyrights are subject to separate licensing arrangements. An artist can re-record their song because they own the copyright to the song itself, but they don't own the copyright to the original recording.

The Trend of Artist Independence and Ownership

The video highlights a growing trend of artists seeking independence and retaining ownership of their masters. This includes control over how they are perceived and marketed.

Future of Record Contracts

The video poses the question of whether record companies will respond to this trend by offering new types of contracts that allow artists to own their masters more often.

Conclusion

The re-recording of "Better Days" by Pete Murray, inspired by Taylor Swift's fight for her masters, exemplifies a broader shift towards artist independence and ownership in the music industry. The legal basis for re-recording lies in the separation of copyright between the song itself and the specific recording, allowing artists to create new versions of their work while retaining control over their intellectual property. The future remains uncertain regarding how record companies will adapt to this evolving landscape.