Taylor Swift vs. Scooter Braun and the Imminent Rerecording War

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The discussion about Taylor Swift's AMAs performance will reverberate for far longer than most observers expect

In the streaming age, "boilerplate" contract provisions may be outdated for artists who want to reclaim their older songs: "I see broader blanket prohibitions coming."

While most have focused on whether Braun and Borchetta truly have the ability to block Swift's performance, the thornier and somewhat unresolved legal issue pertains to distribution of Swift's recorded performances. If the Swift/Big Machine controversy was the result of fear over how her performance would be commercially exploited in the distribution market, this points to a developing issue for the future relationship between artists and record labels that will not simply end with the AMAs. It's one that is born of technological shifts as much as egos.

 

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