The terms and lengths of those licenses vary by artist, he explains. But whereas labels used to frequently own master recordings in perpetuity, leaving artists solely with royalty earnings, today’s licenses often revert back to musicians after a period of time. Boyarski says this is similar to a shift in music publishing deals, where the copyright for a song’s lyrics and composition is eventually returned to the songwriter. That’s largely thanks to the Copyright Act of 1976, which deemed that starting in 1978, authors could reclaim the rights to their songs after a certain number of years (even if they had previously signed or sold them to a label).
“In the music publishing business, you’ve seen a gold rush of music catalog sales in large part because of full reversions, either the ones that happened under the Copyright Act or contractual reversions,” he explains. “You’re seeing songwriters with the power to sell. We see the master sale gold rush coming soon.”
(In recent years, Bob Dylan and Neil Diamond — both of whom owned their masters and their publishing rights — sold both to major labels, with Dylan reaching a separate agreement for each catalog.)
Digital service providers like Spotify and Apple Music have also made it easier for artists to strike deals with distributors directly without needing to go through a label. For some artists, including Boyarski’s client and TikTok sensation JVKE, that means it’s more feasible to stay independent and focus on growing an audience through social media.
Partnerships and superfans
Despite the internet’s impact — and paradigm shift — on the recording industry, artists still reap huge benefits from signing to major labels. (Just look at Billboard’s Hot 100 chart, which is still dominated by label-backed talent). Jonathan Eshak of Mick Management, which represents artists including Maggie Rogers, The Marías and Leon Bridges, says those relationships have become increasingly equitable over the last few decades.
“It used to be where these labels would come in and they would present like it was an acquisition. We needed them, and they were going to acquire us and fulfill our dreams,” he says. “Now they come in and say, ‘As partners, how can we be additive?’ ”
Jason Boyarski says his firm has seen more transparent royalty splits between artists and labels, and shorter deals for three or four albums as opposed to five or six. But the Taylor Swift story did come with one drawback: stricter rerecording clauses.
“[Labels] pay a lot more attention to rerecord restrictions,” says Boyarski. “In catalog sales, now the buyers — especially the private equity buyers — are insisting on rerecord restrictions in those deals, too.”
Although it’s not uncommon for artists to re-record songs, Swift pushed the practice to a new plane. All four Taylor Version albums topped Billboard‘s Top 200 albums chart and spawned hit singles, including the 10-minute rendition of “All Too Well,” and new collaborations with artists like Chris Stapleton and Phoebe Bridgers. Re-record restrictions have long existed in standard record deals, typically indicating that an artist has to wait a certain number of years (or for the end of their contract) in order to recreate existing songs. But Swift’s massive success is pushing labels to make those clauses longer and less forgiving, say Herlihy and Boyarski.
Another major takeaway from the Taylor’s Version project? A dedicated fanbase goes far. The democratization of the industry may be tipping the ownership scales in the artists’ favor, but DSPs and social media have also led to increasingly fractured income streams. Although Goldman Sachs predicts that global music revenues will double by 2035, a hit single or a sold-out show is no longer the main metric of profitability. The streaming economy, social media monetization and subscription-led online communities (think Patreon or OnlyFans) are all pushing the needle.