Re-Recording Restrictions: How Long Before You Can Re-Record Your Own Songs?

What is a Re-Recording Restriction?

A re-recording restriction prevents an artist from re-recording songs released under their contract for a specified period after the initial release. The label includes this clause to protect the commercial value of the original recordings they own.

Without this restriction, an artist could sign a deal, release an album, then immediately re-record and release identical versions through a different distributor — effectively making the label's recordings worthless.

Standard Timeframes

Major label standard: 5-7 years after the later of (a) initial commercial release, or (b) expiration of the contract term

Independent label standard: 3-5 years post-release

Aggressive/unfavorable: 10+ years, or tied to contract term plus additional years

The restriction is typically calculated per recording, not for the entire catalog. So if Album 1 was released in 2020 and Album 2 in 2023, the restriction on Album 1 tracks expires before Album 2 tracks.

The Taylor Swift Effect

Taylor Swift's decision to re-record her first six albums brought re-recording restrictions into public consciousness. Her original contract with Big Machine Records included standard re-recording restrictions that expired in November 2020 for her earliest recordings.

Her "Taylor's Version" re-recordings demonstrated the commercial viability of re-recorded catalogs and caused the entire industry to rethink how these clauses are structured. Post-Swift, many labels have attempted to extend re-recording restriction periods or add new conditions.

What to Watch For

Perpetual or indefinite restrictions: Some contracts use vague language that could be interpreted as a perpetual ban. Ensure there's a specific, defined end date.

Restrictions that survive termination: The restriction should have a fixed expiration regardless of how the contract ends. If you're dropped, you shouldn't wait 7 more years to re-record.

Broad definitions of "re-recording": Some contracts define re-recording so broadly it could include live recordings, acoustic versions, or remixes. Push for a narrow definition limited to studio recordings intended for commercial release that are substantially similar to the original.

Restrictions on underlying compositions: A re-recording restriction should only cover the specific recordings, not your right to perform or re-record the underlying songs in a substantially different arrangement.

How to Negotiate

1. Shortest possible term: Push for 3-5 years post-release. Reject anything over 7 years.

2. Per-recording calculation: Each track's clock starts at its own release date, not the contract expiration.

3. Live recording exemption: Live performances and live albums should be explicitly excluded.

4. Substantially similar standard: Define what constitutes a "re-recording" narrowly.

5. Dropped artist protection: If the label drops you, the restriction period should be shortened significantly (1-2 years).

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