Lawyers often say that bad facts make bad law – meaning that unusual or unlikely details of a case can shape precedent in unpredictable ways. But bad facts can also make for bad contracts, to judge by the contractual restrictions on re-recording that major labels may be adopting in the wake of the success of Taylor Swift‘s “Taylor’s Version” of her albums. Re-recording restrictions, a common contractual provision that has been part of record deals for decades, are intended as a kind of post-term noncompete. Their understandable economic purpose is to stop an artist from re-recording songs released under a contract that
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