Taylor Swift’s Fearless intellectual property strategy
From cowboy boots and friendship bracelets to copyright and trade marks, Taylor Swift truly is a Mastermind when it comes to protecting her brand image and captivating a huge fan base at the same time. The Worldwide Eras Tour returns to the UK this week and, aside from the Enchanted atmosphere which it brought to the streets of London and Cardiff back in June, it also led us to consider how the multi award-winning singer is utilising trade marks to build her ‘Swiftie’ empire and to revisit the reason behind her ongoing releases of Taylor’s Versions.
Trade marks in the public eye
Trade marks are a form of intellectual property which are easily recognisable and distinguish origin amongst products or services – words, logos and even colours are all capable of being registered trade marks. Individuals and corporations will often seek to register a trade mark to prevent anyone else from being able to use it, which is exactly what Taylor Swift has done with the assistance of TAS Rights Management LLC.
Taylor Swift’s name became her first trade mark to be registered in the United States in 2008 and, since then, she has amassed an impressive collection of trade marks ranging from song titles, albums, her recent tour name and individual lyrics to name but a few. It might surprise you to learn that even the names of Taylor Swift’s three cats are registered – Meredith, Olivia & Benjamin Swift! These registrations do not just protect Taylor Swift’s identity and ever-growing presence in America but span various continents and a multitude of categories, making sure that she will never go out of Style.
Taylor Swift’s use of trade marks in England and Wales
It is clear that Taylor Swift’s protection of her intellectual property in the United States is extensive, but what about in England and Wales? A search of the UK Intellectual Property Office (the “IPO”), based locally in Newport, reveals far fewer trade marks have been registered here by her TAS Rights Management LLC company.
This might suggest that our trade mark regime is stricter than our American counterpart or she may simply rely on the Worldwide application of her international registrations. Notwithstanding that, “SWIFTMAS” and “TAYMOJI” have both been registered as word marks by the IPO. The former with a very broad application in Classes 16 (stationary and printed works), 25 (clothing), 35 (consumer goods and services) and 41 (entertainment) and the latter with two far narrower registrations in Classes 9 (computer game software) and 45 (social networking services). Another of her registered word marks, “CAN YOU JUST NOT STEP ON OUR GOWNS”, a lyric from one of her many hit songs, has a similarly broad application in 12 different Classes including the somewhat niche application to Class 20 (pillows) and Class 24 (towels).
Taylor Swift didn’t have to Begin Again when it came to registering trade marks in England and Wales however, as she was able to claim priority from her earlier applications in the United States. Despite this, TAS Rights Management LLC have still had to be alert to potential infringements occurring in England and Wales – the trade mark register reveals a figurative mark application containing the words “Swifties Par-Tay” which was filed earlier this year. Long Story Short, this application was withdrawn last month, and it is highly probable that TAS Rights Management LLC would have raised an objection to this application which resulted in the withdrawal.
What are the benefits of registering trade marks?
One of the key driving factors behind pop stars and celebrities utilising registered trade marks, is to allow them to pro-actively manage their brand image and thereby protect their Reputation. Whilst registration provides legal recourse for any unofficial use, having her most popular catch phrases and song lyrics registered as trade marks, also means that Taylor Swift has control over what merchandise is sold and the messaging which is conveyed to her impressionable fans. This is a clever marketing strategy which has helped Taylor Swift grow her fan base and stay one step ahead in the highly competitive music industry.
Taylor Swift’s boyfriend, Travis Kelce, appears to have followed in her footsteps having filed five of his own trade mark applications back in 2023 in his home state of Ohio. These included applications to register his Instagram handle, reference to his jersey number as well as a potential registration of “KELCE’S KRUNCH” which are all currently pending approval by the US Patent and Trademark Office.
It has not been a Love Story, however, for every popstar who has been involved in the world of intellectual property in recent years. Katy Perry notably lost her trade mark battle in the Australian Federal Court in 2023 with her company, Kitty Purry, having been found to have infringed the “KATIE PERRY” trademark which had been registered by an Australian fashion designer since 2008. This aptly referred to ‘David and Goliath’ dispute emphasises the benefits to registering your trade marks, no matter how big or small your business may be.
Copyright in the music industry
Turning to another form of intellectual property, The Copyright, Designs and Patents Act 1988 operates in the UK to protect copyright in original literary, dramatic, musical and artistic works, including sound recordings.
The copyright which exists in one musical track can be split up into the musical composition of the song, which includes the lyrics and the melody, and the individual sound recording (“the Masters”) of that track. Crucially for Taylor Swift, each of these distinctive types of copyright can be owned by completely different individuals or corporations. Unsurprisingly, there are competing interests when it comes to the record label or manager who facilitated the recording who wish to benefit from their share of the copyright too – as Taylor Swift knows All Too Well.
Taylor Swift’s fight to reclaim the Masters in her songs
Taylor Swift released her debut album at the age of 16, having signed on with Big Machine Records (“BMR”) in 2005 and went on to release a further five albums before she left the record label in 2018. This departure was sparked by the fact that, whilst Taylor Swift owns the copyright in the musical composition of these six albums, she does not possess the Masters – these belong to BMR who made those original recordings possible. Taylor Swift’s Bad Blood with BMR was exacerbated when Scooter Braun’s company purchased the record label, and he subsequently sold the desirable Masters to an investment corporation for upwards of a rumoured $300 million.
In reality, this meant that the record label had control over Taylor Swift’s ability to perform her original music and continued to profit by holding the permission for use of these songs in television and film. Taylor Swift publicly claimed that she was prevented from performing her original songs at the 2019 American Music Awards, but this was robustly denied, and she was ultimately able to perform her songs at the AMAs. A well-publicised dispute nonetheless ensued between the known enemies and so, How Did It End?
By re-recording new versions of her earlier albums and adding “(Taylor’s Version)”’ to the title, Taylor Swift has been able to avoid copyright infringement of the Masters in the original sound recordings, but this has been an on-going process to ensure that she does not breach the time restrictions in her contract. Not to miss a trick, Taylor Swift has also registered trade marks in the United States for the revamped names of the albums she has re-recorded! Having carefully negotiated ownership of the Masters in these re-released recordings with her new record label, Taylor Swift is free to go forward and negotiate the commercial licencing of this music as she pleases. Her old record label will continue to benefit financially from the original albums, but as of today, Taylor Swift has re-recorded four out of her six original albums, which are proving to be huge successes and will Forever & Always belong to Taylor Swift (subject of course to future assignments or licences which she may enter into).
The takeaway for upcoming artists
Taylor Swift has highlighted the potential disastrous effects if ownership of copyright is not carefully managed, but she has also shown upcoming artists that, when applied correctly, intellectual property can be utilised as a clever marketing strategy to stand you apart from the crowd, boost your career projection and has helped to build and protect all that has made her who she is today. It is this pragmatic business approach combined with her impressive musical talents which has meant that Taylor Swift’s intellectual property rights are Safe and Sound.
For advice on identifying and protecting your intellectual property rights or your involvement in any dispute, please get in touch with our intellectual property experts.
Enjoy That? You Might Like These:
events
articles
events