Music Biz: Taylor Swift NEW ALBUM - Tortured Poets Department - the largest streaming week for an album ever,

ViCiouS

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@ViCiouS

OK cuz...

we may finally have a definitive comprehensive breakdown...




Taylor Swift, intellectual property law, and due dilligence disasters

In 2005, 13-year-old aspiring country singer Taylor Swift signed a record deal with 0-year-old aspiring label Big Machine Records.
Under this 2005 agreement, Swift conveyed the ownership rights for the recordings of her (yet-to-be-produced) first six albums to Big Machine.

Swift produced these six albums between 2006 and 2017. The albums were wildly successful; Swift and Big Machine prospered together.
At the conclusion of this six-album deal, Swift and Big Machine negotiated briefly but failed to establish a new deal for additional records.

A rumored stumbling point in negotiations: Swift wanted to reacquire ownership of her six-album back catalog.
In 2019, Swift signed a new deal to release her future albums through Republic Records, leaving Big Machine in her rear view mirror.

Big Machine was a small label. Swift had been a v big fish in their small pond.

Big Machine still owned Swift's first six album recordings in perpetuity, but without an ongoing deal with Swift, Big Machine was a small firm with a yuge mostly-passive asset on its balance sheet.
In 2019, Big Machine Records was acquired by Ithaca Holdings, which is helmed by Scooter Braun, a music industry businessman.

Financial backing for this transaction was provided by the Carlyle Group, a private equity firm. The acquisition price was a reported $300 million.
I'm not sure how much of this $300 million valuation can be attributed to the recording rights for Swift's first six albums. I've seen estimates in the $100m-$200m range; this seems plausible.

(for comparison, the Beatles' recording rights are valued in the low ten figures.)
I'd love to know how the Carlyle Group thought about this transaction. What was their due diligence process? What risks did they identify w/r/t the value of the recordings of Swift's back catalog?

Whatever their dd was, I suspect they were surprised by what happened next.
Swift immediately condemned the deal, suggesting that Big Machine's management had cruelly denied her the opportunity to reacquire her own back catalog.

I think unhappy words from the artist are par for the course in a situation like this. But Swift ventured further and began doing real damage: She began to block all use of her back catalog in films and commercials.
But wait - if she doesn't own her old records, how can she block their use? Here's how:

In order to use a recorded song in a film, a filmmaker must acquire two different kinds of licenses.
First, a filmmaker must obtain a license to synchronize the song with visual imagery in the film - a "sync license".

A sync license is not for a particular recording, but for the abstract idea of the song itself.
A filmmaker needs a sync license even if the film isn't using a preexisting recording. A character in the film picks up a guitar and plays and sings a song themselves? Gotta get a sync license to put that song in the film.
Second, if a filmmaker wishes to use an existing recording of the song for which they have obtained sync rights, the filmmaker must obtain a "master use license" from the owner of the master/recording.
Master use rights originate with recording artists. Big Machine acquired Swift's rights as a recording artist, so they can grant master use licenses.

However, sync rights originate with songwriters, NOT recording artists.

So here's the big uh-oh for the Carlyle Group:
Who is a songwriter on every song in Swift's first six albums?

Yep, that's right: Taylor Swift. She doesn't own her old recordings, but she owns the abstract songs. And she has adopted a policy of saying "no" to all requests for sync licenses.
So - Swift has already inflicted notable economic damage on the owners of her old records.

But she's going even further:

Today, she released a completely new re-recording of her 2008 album "Fearless".

Fearless (Taylor's Version)Taylor Swift · Album · 2021 · 26 songs.
She can do this without Big Machine's consent b/c she owns the rights to the abstract songs. And the new recordings of the old songs are being released by Republic Records under a deal in which she retains ultimate ownership of the new recordings.
(As a sidenote, the new version of the album is excellent. It preserves the spirit of the original, but offers a more mature and refined vocal performance by Swift. And the post-loudness-war mastering of the new version is MUCH improved.)
Now Swift owns a recording of the Fearless album. When licensors come calling, she can offer both a sync license and a master use license for her new recording, cutting Big Machine out of the deal completely.
I can't help but ask myself - would someone *really* pay nine figures for a top tier artist's back catalog without wargaming this stuff out?

But wait -- it might get even worse.
We've talked about how two licenses are required for use of a recording in a film. It's true elsewhere, too.

When a song is made available on iTunes or Spotify, rights must be obtained (and royalties must flow) for both the songwriter and the record owner.
(a song license for film is called a "sync license", but a song license for vinyl, CD, or for spotify is called a "mechanical license", because reasons)
Now that Taylor has released a new version of Fearless, might she start refusing mechanical license rights for the public sale of the old version of the album, effectively removing it from the market completely?

I see no reason she *can't* do this.
If Swift re-records all her old albums and exercises her songwriter rights to effectively remove the old versions from the market, that means someone's 9-figure investment in her back catalog is completely fucked.
And I just wanna know - what the hell happened here?

It looks like the buyers failed to realize that their financial asset existed only at Swift's pleasure, so now she's exploiting their miscalculation, destroying the asset for fun and profit.

I can't help but root for her.
Thank you for reading ☺

I am a law student. Follow me for puns, kitties, and occasional threads about law. Here's another one:

Unroll available on Thread Reader

addendum - while Swift can refuse to licence her songs for some uses (such as sync), @sctweak and @rtushnet point out that Swift is required by law to license many other uses.

So Swift cannot completely remove the old recordings from the market.


She cannot force the old recordings out of the market altogether, but she can bar them from film/tv use, and she can release new recordings of those old songs to compete against them for other uses.

The new Fearless is excellent, and I'm looking forward to more re-recording

:popcorn:

just waiting to see how she avoids the Elvis / Sam Cooke retirement program...
 

playahaitian

Rising Star
Certified Pussy Poster
:popcorn:

just waiting to see how she avoids the Elvis / Sam Cooke retirement program...

Unlike them?

Her parents are rich and protective as f*ck

Which is as it should be

But rare

Her dad owns a piece of that label remember this story is crazy.

She gonna be just fine

Madonna Celine dion Carly Simon etc

That snowflake will be doing a room in Vegas at 75.
 

ViCiouS

Rising Star
BGOL Patreon Investor
Unlike them?

Her parents are rich and protective as f*ck

Which is as it should be

But rare

Her dad owns a piece of that label remember this story is crazy.

She gonna be just fine

Madonna Celine dion Carly Simon etc

That snowflake will be doing a room in Vegas at 75.
do you know who / what the Carlyle Group is?
 

playahaitian

Rising Star
Certified Pussy Poster
A Brief History of Taylor Swift’s Horniest Songs
By Jason P. Frank@jasonspank
Swift in the “Style” music video. Photo: Taylor Swift/YouTube
Taylor Swift is not an artist made for sex playlists. That’s fine! Not everybody needs to be. Heartbroken? “Teardrops on My Guitar” is your girl. Feeling a little flirty? You can’t do better than “I Think He Knows.” And if you’re angry over a breakup, please listen to “Dear John.” But horny? That’s not really her bag. That’s partly because her songwriting, at its best, tends toward an emotional acuity that isn’t quite right for sexiness. There’s also the issue of her voice, which is a light, pleasant, occasionally slight instrument that has trouble conveying the oomph needed for a true sex jam.
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Still, Taylor’s human. Although horny may not be her thing, that doesn’t mean it can’t affect her songwriting in some ways. Yes, horniness is well documented within the Taylor Swift Musical Universe, and while she doesn’t normally address it head on, her horniest songs share some symbols she clearly sees as valuable. In order to understand Swift’s career path, we thought it could be valuable to isolate some of her lustiest moments to see how she’s developed as a songwriter and when she felt comfortable giving in to her inner hormone monster.

“The Way I Loved You” — Fearless

Skipping right past the innocence of her debut, self-titled album, I would argue that the first truly horny Swift song appears on Fearless. “The Way I Loved You” starts by describing some nice guy Swift is dating, which is pretty par for the course, before descending into a description of her sizzling relationship with her previous boyfriend, which was way hotter. “I miss screaming and fighting and kissing in the rain / And it’s 2 a.m., and I’m cursing your name” she sings on the chorus. “It’s a roller-coaster kind of rush / And I never knew I could feel that much / And that’s the way I loved you.” Swift is giving full-on lust in this one. It’s also probably the only Swift song from this era that could be handed over to the Pussycat Dolls without too many lyrical changes. It sets the tone for a lot of her horniest work, which is less about being in the sexual moment than it is about remembering the heat of the moment.
“Red” — Red

Here’s one that takes on a different color (heyo) in the wake of Midnights. In Swift’s pre-Reputation period, the horniness is mostly told through the lens of regret: “The Way I Loved You” and “Red” are prime examples. “Red” may not seem like a super-horny song at first, but it’s a lot lustier than a first glance would indicate. She doesn’t portray the love they had as a “masterpiece,” like on “All Too Well,” but as “red” hot. “But moving on from him is impossible / When I still see it all in my head / In burning red”? Burning red cannot be construed as a lustless descriptor. Again, she manages the feat of bringing horniness into her music without going full lust by looking at the torrid relationship in the past. “Loving you was red” (emphasis mine) allows her to keep a certain tempered image of her sexuality while acknowledging the extent of her previous feelings.
“Style” — 1989

Ooh, baby. This is really the first song Swift put out that is a full-on turn into sex. In “Style,” the icons of attraction change from old Taylor’s fantastical princes into movie stars with leather. When she describes how he’s “taking off his coat,” you can feel the sexual energy. It’s hot! The song is about being entranced by someone not because of who they are but because of how you look together. She sets the stage: “Midnight / You come and pick me up, no headlights.” The secrecy implied is clearly a turn on, and that will recur as she delves further into her sexuality in future eras. While her next album, Reputation, marks her first period with an outward shift toward sex, Swift’s iconography changed with “Style” and 1989, allowing that shift to feel natural. She’s no longer fantasizing about true love; she’s fantasizing about short skirts and glamour.
“Dress” — Reputation

This is the big one. It’s about the tension when you can’t touch someone yet before exploding into the release of a steamy connection. “All of this silence and patience, pining in anticipation,” she says in the pre-chorus before revealing, “Only bought this dress so you could take it off.” That’s still the most sexually explicit Swift lyric we’ve gotten in her career. Yet it’s notable that she uses the same markers of sexuality she established in “Style.” With Swift, it’s all about sexuality told through longing and sensuous friction, and the establishing symbols are clothing and Hollywood glamour. On “Dress,” she introduces another of her favorite sexy symbols: being wine-drunk. “I’m spilling wine in the bathtub, you kiss my face and we’re both drunk.”

“Gorgeous” — Reputation

While “Dress” is Reputation’s crown jewel of horniness, it’s not the only horny song on there. In fact, “Gorgeous,” one of her most underratedly risky songs, is entirely driven by lust. “Gorgeous” is about cheating on your boyfriend (gasp) because the other guy is too hot not too. She’s so in lust that she simply must betray her (older) partner. In this way, “Gorgeous” fits in with the rest of Reputation in that Swift is finally allowing herself to play the villain. Still, though, she tempers it with instrumentation — it’s all major chords and little dings. Her symbols of sexuality are mostly gone, too. There’s no wine, no red, no Hollywood. There’s tension in the lyrics, but the melody mostly cuts through that. She doesn’t fully commit to being the seductive villainess in the way someone like Lorde does on a song like “Magnets.” Shockingly horny in lyrical content, shockingly unhorny musically.
“Cruel Summer” — Lover

Lover is, in terms of horniness, a post-“Dress” album. Swift allows herself to be horny whenever she wants to be — it’s a part of being in love! The peak horniness, though, is on “Cruel Summer.” Other songs, including “False God” and “Miss Americana and the Heartbreak Prince,” certainly have horny content, but “Summer” really captures the tension and release. She employs some images she’s used previously (the lack of headlights returns) and repositions her man as a “bad, bad boy” in a way that marks this song as distinctly not fantastical. But the horniest moment is, for once, in her vocal performance. The crack in her voice when she sings, “He looks up grinning like a devil,” is just about the biggest sexual release Swift’s ever brought out of herself vocally. I imagine him as the grinning-devil emoji, and that means she’s done her job.
“Maroon” — Midnights

Now skipping right past Swift’s NPR-core era (I’ve had people argue with me that “August” is horny, but sorry, that’s just wistful; things can mention sex without being horny), “Maroon” is one of Swift’s horniest songs. She uses a lot of her previous references, too: The song is set at the end of a wine night, for one. She again uses red as the lens through which she sees her own lust, singing, “The burgundy on my T-shirt / When you splashed your wine into me / And how the blood rushed into my cheeks / So scarlet, it was.” She’s back to contrasting romantic fantasy with the reality of lust, bringing up images of “carnations you had thought were roses, that’s us.” She breaks new horny ground in the chorus: “The mark they saw on my collarbone,” which means that adult Taylor still gets hickeys (love). But perhaps the horniest lyric of all is on the bridge: “I wake with your memory over me / That’s a real fucking legacy to leave.” Swift’s version of horniness is all about that tension: It’s the sensual impact he’s left on her, observed after the fact, played out in red, remembered wine nights.
 

ThaBurgerPimp

Rising Star
BGOL Patreon Investor
A Brief History of Taylor Swift’s Horniest Songs
By Jason P. Frank@jasonspank
Swift in the “Style” music video. Photo: Taylor Swift/YouTube
Taylor Swift is not an artist made for sex playlists. That’s fine! Not everybody needs to be. Heartbroken? “Teardrops on My Guitar” is your girl. Feeling a little flirty? You can’t do better than “I Think He Knows.” And if you’re angry over a breakup, please listen to “Dear John.” But horny? That’s not really her bag. That’s partly because her songwriting, at its best, tends toward an emotional acuity that isn’t quite right for sexiness. There’s also the issue of her voice, which is a light, pleasant, occasionally slight instrument that has trouble conveying the oomph needed for a true sex jam.
Sign up for Dinner Party
A lively evening newsletter about everything that just happened.

Still, Taylor’s human. Although horny may not be her thing, that doesn’t mean it can’t affect her songwriting in some ways. Yes, horniness is well documented within the Taylor Swift Musical Universe, and while she doesn’t normally address it head on, her horniest songs share some symbols she clearly sees as valuable. In order to understand Swift’s career path, we thought it could be valuable to isolate some of her lustiest moments to see how she’s developed as a songwriter and when she felt comfortable giving in to her inner hormone monster.

“The Way I Loved You” — Fearless

Skipping right past the innocence of her debut, self-titled album, I would argue that the first truly horny Swift song appears on Fearless. “The Way I Loved You” starts by describing some nice guy Swift is dating, which is pretty par for the course, before descending into a description of her sizzling relationship with her previous boyfriend, which was way hotter. “I miss screaming and fighting and kissing in the rain / And it’s 2 a.m., and I’m cursing your name” she sings on the chorus. “It’s a roller-coaster kind of rush / And I never knew I could feel that much / And that’s the way I loved you.” Swift is giving full-on lust in this one. It’s also probably the only Swift song from this era that could be handed over to the Pussycat Dolls without too many lyrical changes. It sets the tone for a lot of her horniest work, which is less about being in the sexual moment than it is about remembering the heat of the moment.
“Red” — Red

Here’s one that takes on a different color (heyo) in the wake of Midnights. In Swift’s pre-Reputation period, the horniness is mostly told through the lens of regret: “The Way I Loved You” and “Red” are prime examples. “Red” may not seem like a super-horny song at first, but it’s a lot lustier than a first glance would indicate. She doesn’t portray the love they had as a “masterpiece,” like on “All Too Well,” but as “red” hot. “But moving on from him is impossible / When I still see it all in my head / In burning red”? Burning red cannot be construed as a lustless descriptor. Again, she manages the feat of bringing horniness into her music without going full lust by looking at the torrid relationship in the past. “Loving you was red” (emphasis mine) allows her to keep a certain tempered image of her sexuality while acknowledging the extent of her previous feelings.
“Style” — 1989

Ooh, baby. This is really the first song Swift put out that is a full-on turn into sex. In “Style,” the icons of attraction change from old Taylor’s fantastical princes into movie stars with leather. When she describes how he’s “taking off his coat,” you can feel the sexual energy. It’s hot! The song is about being entranced by someone not because of who they are but because of how you look together. She sets the stage: “Midnight / You come and pick me up, no headlights.” The secrecy implied is clearly a turn on, and that will recur as she delves further into her sexuality in future eras. While her next album, Reputation, marks her first period with an outward shift toward sex, Swift’s iconography changed with “Style” and 1989, allowing that shift to feel natural. She’s no longer fantasizing about true love; she’s fantasizing about short skirts and glamour.
“Dress” — Reputation

This is the big one. It’s about the tension when you can’t touch someone yet before exploding into the release of a steamy connection. “All of this silence and patience, pining in anticipation,” she says in the pre-chorus before revealing, “Only bought this dress so you could take it off.” That’s still the most sexually explicit Swift lyric we’ve gotten in her career. Yet it’s notable that she uses the same markers of sexuality she established in “Style.” With Swift, it’s all about sexuality told through longing and sensuous friction, and the establishing symbols are clothing and Hollywood glamour. On “Dress,” she introduces another of her favorite sexy symbols: being wine-drunk. “I’m spilling wine in the bathtub, you kiss my face and we’re both drunk.”

“Gorgeous” — Reputation

While “Dress” is Reputation’s crown jewel of horniness, it’s not the only horny song on there. In fact, “Gorgeous,” one of her most underratedly risky songs, is entirely driven by lust. “Gorgeous” is about cheating on your boyfriend (gasp) because the other guy is too hot not too. She’s so in lust that she simply must betray her (older) partner. In this way, “Gorgeous” fits in with the rest of Reputation in that Swift is finally allowing herself to play the villain. Still, though, she tempers it with instrumentation — it’s all major chords and little dings. Her symbols of sexuality are mostly gone, too. There’s no wine, no red, no Hollywood. There’s tension in the lyrics, but the melody mostly cuts through that. She doesn’t fully commit to being the seductive villainess in the way someone like Lorde does on a song like “Magnets.” Shockingly horny in lyrical content, shockingly unhorny musically.
“Cruel Summer” — Lover

Lover is, in terms of horniness, a post-“Dress” album. Swift allows herself to be horny whenever she wants to be — it’s a part of being in love! The peak horniness, though, is on “Cruel Summer.” Other songs, including “False God” and “Miss Americana and the Heartbreak Prince,” certainly have horny content, but “Summer” really captures the tension and release. She employs some images she’s used previously (the lack of headlights returns) and repositions her man as a “bad, bad boy” in a way that marks this song as distinctly not fantastical. But the horniest moment is, for once, in her vocal performance. The crack in her voice when she sings, “He looks up grinning like a devil,” is just about the biggest sexual release Swift’s ever brought out of herself vocally. I imagine him as the grinning-devil emoji, and that means she’s done her job.
“Maroon” — Midnights

Now skipping right past Swift’s NPR-core era (I’ve had people argue with me that “August” is horny, but sorry, that’s just wistful; things can mention sex without being horny), “Maroon” is one of Swift’s horniest songs. She uses a lot of her previous references, too: The song is set at the end of a wine night, for one. She again uses red as the lens through which she sees her own lust, singing, “The burgundy on my T-shirt / When you splashed your wine into me / And how the blood rushed into my cheeks / So scarlet, it was.” She’s back to contrasting romantic fantasy with the reality of lust, bringing up images of “carnations you had thought were roses, that’s us.” She breaks new horny ground in the chorus: “The mark they saw on my collarbone,” which means that adult Taylor still gets hickeys (love). But perhaps the horniest lyric of all is on the bridge: “I wake with your memory over me / That’s a real fucking legacy to leave.” Swift’s version of horniness is all about that tension: It’s the sensual impact he’s left on her, observed after the fact, played out in red, remembered wine nights.
Another who followed the formula of starting out singing "Disney"-type songs then switched to suggestive lyrics as she got older :lol:
 

playahaitian

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Ticketmaster apologizes to Taylor Swift and fans for 'terrible experience' purchasing concert tickets

"We feel we owe it to everyone to share some information to explain what happened."
By Lauren Huff and Emlyn TravisUpdated November 19, 2022 at 05:12 PM EST








UPDATE: After Taylor Swift slammed Ticketmaster for the way it mishandled ticket sales for her upcoming Eras Tour, the company tweeted a mea culpa to Swift and her fanbase on Friday night.
"We want to apologize to Taylor and all of her fans — especially those who had a terrible experience trying to purchase tickets," the company wrote. "We feel we owe it to everyone to share some information to explain what happened."

Ticketmaster linked to a statement that seems to be the same one the company originally shared (and then deleted) on Thursday. See the original statement below.
PREVIOUS: It's been a rough week for Swifties.
Fans hoping to snag tickets to Taylor Swift's recently announced Eras tour during the general public sale scheduled for Friday will no longer be able to. Ticketmaster announced on Thursday that it had been canceled. The company wrote on social media, "Due to extraordinarily high demands on ticketing systems and insufficient remaining ticket inventory to meet that demand, tomorrow's public on-sale for Taylor Swift | The Eras Tour has been cancelled."

It's not clear yet if another date for general ticket sales will be set in the future.

The news caps off a disappointing week for a lot of fans. Tickets first went on pre-sale Tuesday for users who qualified for Ticketmaster's Verified Fan program, and within minutes people were complaining about site errors and long waits, with some fans being in a queue for more than five hours.
And, just hours after that sale started, Ticketmaster announced that buyers hoping for tickets to shows on the West Coast — Los Angeles, Seattle, Las Vegas, and Santa Clara, Calif. — wouldn't be able to start buying at 10 a.m. local venue time as planned, but instead would have to come back at 3 p.m. Additionally, the Capital One Cardholder Presale was rescheduled from Tuesday to Wednesday, and that sale only lasted a few hours before it sold out.



Ticketmaster issued a lengthy statement on Thursday attempting to explain the chaos, and revealing that Swift's tour broke a Ticketmaster record, with over two million tickets sold on Tuesday, the most ever sold for an artist in a single day.
In order to be a verified fan and take part in the presale, Ticketmaster had people pre-register in order "to help manage high demand shows — identifying real humans and weeding out bots. Keeping bots out of queues and avoiding overcrowding helps to make waits shorter and on sales smoother." The company says a record 3.5 million people pre-registered, and from there they sent access codes to 1.5 million, while everyone else was waitlisted.
"Historically, working with Verified Fan invite codes has worked as we've been able to manage the volume coming into the site to shop for tickets," Ticketmaster said. "However, this time the staggering number of bot attacks as well as fans who didn't have invite codes drove unprecedented traffic on our site, resulting in 3.5 billion total system requests — 4x our previous peak."
Ticketmaster added, "It usually takes us about an hour to sell through a stadium show, but we slowed down some sales and pushed back others to stabilize the systems. The trade off was longer wait times in queue for some fans."
The company explained that based on the volume of traffic they received this week, Swift would need to perform over 900 stadium shows to meet that demand.
"While it's impossible for everyone to get tickets to these shows, we know we can do more to improve the experience and that's what we're focused on," the company concluded.
All of this came after Swift added dates to her tour, not once, but twice. She plans to play a total of 52 dates as of now in the U.S., with international tour stops still to be announced.
A representative for Swift did not immediately respond to EW's request for comment.
 

playahaitian

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They DESERVE all those smoke they getting

Well deserved and earned
 
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