The Future of Music: How New Re-Recording Clauses by Major Labels (Might) Affect Artists

poldervaartpatrick
Dec 3, 2025
8 min read

Imagine an artist who poured their heart and soul into an album, only to discover they might not regain control over that music for three decades. This harsh reality is becoming the norm as Universal Music Group, Sony Music Entertainment, and Warner Music Group introduce new contract clauses that significantly extend the waiting period for artists to re-record their music after leaving a label. (Labels Want to Prevent ‘Taylor’s Version’-Like Re-Recordings From Ever Happening Again, 2023) These changes require artists to wait 10, 15, or even 30 years before they can legally re-record their releases. This development has sparked intense debate over artists' rights, control over music catalogs, and the industry's future.

This post explores what re-recording means for artists, why labels are imposing these longer restrictions, and how these changes might shape the music business in the years ahead. Understanding these dynamics can help artists and readers navigate contract negotiations effectively, enabling them to protect their creative rights and future revenue potential. Some practical negotiation tactics include requesting shorter waiting periods, negotiating carve-outs for specific songs, or seeking favorable royalty terms.

What Re-Recording Means and Why It Matters to Artists

Re-recording refers to an artist creating new versions of songs they originally recorded under a record label. When artists re-record their music, they gain control over these new versions, which they can then distribute, license, or sell independently. This process allows artists to reclaim ownership and revenue streams that might otherwise be controlled by their former labels.

For many artists, re-recording is a way to regain creative and financial control over their work. It can help them:

Earn royalties directly from streaming, sales, and licensing of the new recordings. For example, when an artist owns their new masters, the average royalty rate can increase from about 12% to 20% or more, depending on distribution deals and streaming platforms. (Hull & David, 2004) This difference might translate to a significant increase in earnings, particularly for artists whose music garners millions of streams.
Offer fans alternative versions that support the artist rather than the label.
Negotiate better deals for their music in commercials, films, or other media.

Re-recording has become a powerful tool for artists seeking independence from restrictive contracts and the traditional music industry model.

New Waiting Periods and Their Implications

The recent contracts from the three major labels now require artists to wait much longer before re-recording their music. Previously, waiting periods were often around 5 to 7 years, a timeline comparable to completing a college degree. (Better Than Revenge: The Rise of Re-Recording Provisions in Artists’ Contracts, 2024)

Now, artists may have to wait:

10 years
15 years
Up to 30 years

These extended waiting periods make it nearly impossible for many artists to re-record their early work during their active careers. The longer the wait, the less relevant or commercially viable the re-recorded music may become.

This change signals a clear intent by labels to maintain exclusive control over original recordings for decades, limiting artists' ability to reclaim their catalogs.

Why Record Labels Are Introducing These Clauses

Record labels invest heavily in artists and their music catalogs. These investments include significant upfront expenses, such as recording costs, which can exceed $500,000, depending on the artist and the scope of the production. (It Takes at Least $500,000 to Break a New Artist...., 2014) These are only a part of the overall financial commitment. Marketing and promotion represent another substantial investment, often ranging from $100,000 to $1,000,000 to effectively build the artist’s brand and audience. In addition, labels offer significant advances, with prominent artists receiving amounts ranging from $250,000 to several million dollars. (Better Than Revenge: The Rise of Re-Recording Provisions in Artists’ Contracts, 2024) Distribution and licensing infrastructure are provided to maximize revenue and ensure that the artist's music reaches a broad audience. These financial commitments are part of long-term catalog management aimed at generating ongoing income from past releases.

However, when comparing indie and major-label contracts, there are notable differences. While major labels provide substantial financial backing, they're also more likely to impose restrictive re-recording clauses. In contrast, indie labels often offer artists more manageable terms with shorter waiting periods before re-recording is permitted. This can be advantageous for artists seeking a better balance between financial investment and creative control.

It's important to recognize that independent or DIY approaches may offer more flexibility for artists. Many emerging artists find that pursuing independent paths can offer creative freedom and control, enabling them to weigh all their options before signing with a major label.

Long-term catalog management to generate ongoing income from past releases.

Labels view original recordings as valuable assets that generate steady revenue through streaming, licensing, and sales. In the music industry, revenue streams are often divided into two main categories: master revenue and publishing revenue. Master revenue comes from the actual sound recordings, which labels often own, while publishing revenue is derived from the underlying musical compositions, which can belong to songwriters or publishers. (Better Than Revenge: The Rise of Re-Recording Provisions in Artists’ Contracts, 2024) By owning the masters, labels retain control over a significant share of the income generated. By extending re-recording restrictions, labels protect these assets from competition by new versions controlled by artists.

This exclusivity helps labels:

Preserve the value of their investments.
Maintain control over licensing deals.
Prevent dilution of the original recordings’ market.

The Historical Context of Re-Recording Restrictions

Re-recording restrictions are not new. For decades, record contracts have included clauses limiting when artists can re-record songs to protect labels' investments. However, these clauses typically lasted only a few years. Before Taylor Swift's public battle over her master recordings, artists like Def Leppard had faced similar hurdles. In the 1980s, Def Leppard fought their label to regain control over their music, eventually deciding to re-record some of their hits to assert their rights and benefit financially. Similarly, Prince was a vocal advocate for artists' rights and made headlines when he re-recorded his material to regain control. (Prince re-signs deal with Warner Bros. Records after 18 year split, 2014) These historical cases underscore how this tension between artist independence and label control is systemic, not a recent phenomenon.

The topic gained widespread attention recently due to Taylor Swift's public battle over her master recordings. After leaving her former label, she began re-recording her early albums to regain control over her music. This move highlighted how re-recording can empower artists but also exposed the limitations imposed by contracts. However, from a label's perspective, these contracts provide necessary protection for substantial investments. A label executive noted, 'Our goal is to nurture artists' careers while ensuring the return on our significant financial outlays.' This statement illustrates the fundamental tension between creative autonomy and financial interests in the music industry.

In response, major labels have tightened these clauses, making it harder for artists to follow Swift’s example.

The Expected Trend of Other Labels Adopting Similar Clauses

Given the moves by Universal, Sony, and Warner, it is likely that other labels will follow suit. Independent labels and smaller companies may also adopt longer re-recording restrictions to protect their catalogs.

This trend could reshape artist contracts industry-wide, making it more difficult for musicians to regain control over their work after leaving a label.

Artists and their teams will need to negotiate these terms carefully and consider the long-term implications before signing deals.

Benefits of Re-Recording for Artists and Why Labels Oppose It

Re-recording offers several benefits to artists: Ownership and control over new masters, financial independence through direct revenue, creative freedom to reinterpret their work, and fan engagement by offering fresh versions. For instance, re-recording can lead to a direct revenue gain for artists, allowing them to keep a larger share of royalties. This contrasts with the potential financial loss for labels, as these new versions can divert attention and revenue from the original recordings. When fans opt for re-recorded tracks, labels could see a reduction in their exclusive revenue streams, highlighting the stark divide in interests between artists and labels.

Ownership and control over new masters.
Financial independence through direct revenue.
Creative freedom to reinterpret their work.
Fan engagement by offering fresh versions.

Labels oppose re-recording because it threatens their exclusive rights and revenue streams. When artists release new versions, fans and licensors may choose those over the originals, reducing the value of the label’s catalog.

This conflict highlights the ongoing tension between artist rights and label interests in the music business.

What This Means for the Future of Music

The new re-recording clauses could have lasting effects on the music industry:

Artists may face longer waits to reclaim their catalogs.
Labels will retain control over original recordings for decades.
Fans might see fewer re-recorded albums from their favorite artists.
The power balance between artists and labels may shift less in favor of artists.

However, artists with strong fan bases and resources might still find ways to challenge these restrictions. The ongoing conversation about artist rights and fair contracts will likely continue to evolve. Emerging technologies such as AI voice models and blockchain could revolutionize this landscape, offering artists new opportunities to bypass traditional restrictions. (Artists and songwriters will have full control over whether and how their names, images, likenesses, voices and compositions are used in new AI-generated music: Warners and Suno link up to create new legal AI platforms, 2025). For instance, AI can help artists generate new music content and engage directly with fans through personalized experiences. Managers can leverage AI to analyze fan data and personalize marketing strategies, thereby increasing audience engagement and loyalty. (AI for Music Marketing: Revolutionizing Promotion with AI Tools, 2025) .

Blockchain, on the other hand, can facilitate direct distribution and sales, ensuring artists receive a greater share of the revenue. Specifically, managers can use blockchain platforms to securely manage digital transactions and track royalties in real-time, providing transparency and ensuring artists are fairly compensated. These innovations might reshape the industry's dynamics, shifting power between labels and musicians.

Navigating the New Landscape

For artists, understanding these contract changes is crucial. Some practical steps include:

Negotiating re-recording terms upfront before signing.
Seeking legal advice to understand long-term implications. Managers should be aware of common legal pitfalls, such as overly restrictive clauses that can trap artists for extended periods or ambiguous language that could lead to disputes. They should avoid agreeing to terms that excessively favor the label, such as unusually long waiting periods or unclear rights reversal, which could hinder future re-recording opportunities.
Building direct relationships with fans to support independent releases.
Exploring alternative revenue streams beyond traditional labels.

For fans and industry watchers, staying informed about these changes helps support artists’ rights and appreciate the complexities behind the music they love.

Forefront Legal's vision on this new landscape

There are several clauses to be discussed during the negotiation phase between an Artist and a record Label. Every case is unique, so we always advise taking personalized legal advice on your case.

In general, artists and/or their managers can propose clauses such as: 'Artist shall have the right to re-record their original works no later than five years after the initial release.' Another example could be, 'The label agrees to carve out two tracks from the re-recording restriction period to be selected by the artist.' Additionally, artists might include phrases such as 'Royalties for re-recorded tracks shall not exceed industry standard rates,' as part of their negotiation language. These strategies and example clauses can empower emerging artists to approach contracts with more confidence and secure better terms from the outset.

References

(2023). Labels Want to Prevent ‘Taylor’s Version’-Like Re-Recordings From Ever Happening Again. https://www.billboard.com/pro/taylor-swift-re-recordings-labels-change-contracts/

(2023). Taylor Swift's re-recorded albums have made labels tighten contracts. https://www.10news.com/taylor-swift-s-re-recorded-albums-have-made-labels-tighten-contracts

Hull & David. (2004). Artist Management for the Music Business. Princeton University Press. https://www.amazon.com/Artist-Management-Music-Business-3rd/dp/0876390190

(2024). Better Than Revenge: The Rise of Re-Recording Provisions in Artists’ Contracts. https://publications.lawschool.cornell.edu/jlpp/2024/10/25/better-than-revenge-the-rise-of-re-recording-provisions-in-artists-contracts/

(2014). It Takes at Least $500,000 to Break a New Artist..... https://www.digitalmusicnews.com/2014/11/26/takes-least-500000-break-new-artist/

(2014). Prince re-signs deal with Warner Bros. Records after 18 year split. https://www.theguardian.com/music/2014/apr/18/prince-re-signs-deal-with-warner-bros-records-after-18-year-split

(2025). Artists and songwriters will have full control over whether and how their names, images, likenesses, voices and compositions are used in new AI-generated music: Warners and Suno link up to create new legal AI platforms. https://www.musicradar.com/music-tech/artists-and-songwriters-will-have-full-control-over-whether-and-how-their-names-images-likenesses-voices-and-compositions-are-used-in-new-ai-generated-music-warners-and-suno-link-up-to-create-new-legal-ai-platforms

(2025). AI for Music Marketing: Revolutionizing Promotion with AI Tools. https://blog.empress.ac/ai-for-music-marketing-revolutionizing-promotion-with-ai-tools-clpmi8n501874745mkr0agrzlx/