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19 Duke L. & Tech. Rev. 91 (2020-2021)
Look What You Made Her Do: How Swift, Streaming, and Social Media Can Increase Artists' Bargaining Power

handle is hein.journals/dltr19 and id is 91 raw text is: LOOK WHAT YOU MADE HER DO: HOW SWIFT, STREAMING, AND SOCIAL MEDIA CAN INCREASE ARTISTS' BARGAINING POWER EMILY TRIBULSKIt ABSTRACT Music and technology have always been intertwined and recently the developments of streaming and social media have opened the door for artists to elevate their place in the music industry. The growth of social media engagement is undeniable and in 2016 streaming platforms led to the music industry's first earnings increase in fifteen years, with double digit gains each year since -a change to the status quo that cannot be ignored. The technological moment provided by streaming and social media gives lesser-known artists, especially when they are backed by superstars, a unique opportunity to challenge traditionally label friendly record deals. These technologies provide artists with the ability to grow their fanbase and increase their bargaining power before reaching the negotiation table with a label giving them more leverage to maintain ownership of their music and receive more artist friendly contracts. I. INTRODUCTION TO THE MUSIC INDUSTRY (TAYLOR'S VERSION) It is difficult to make it very long without hearing news about the Artist of the Decade: Taylor Swift.1 Swift became a household name in the 2010s, and over the last decade, Swift topped music charts, influenced the music industry and pop culture, ruled social media, and packed stadiums full of adoring fans.2 With a star this big, all of her major industry moves Copyright © 2021 Emily Tribulski. T Duke University School of Law, J.D. expected, May 2021; Villanova University, B.A., May 2017. Thank you to my faculty advisor, Professor Nicole Ligon, for her guidance and encouragement. I appreciate all the feedback and insight from Professor Jennifer Jenkins and my Duke Law & Technology Review colleagues. A final thank you to my friends and family for all their support. This Note is dedicated to my grandfather, Peter J. Tribulski Jr., for encouraging me to always keep learning. 1 Christopher Rosa, Taylor Swift Is the Artist of the Decade-Whether You Like It or Not, GLAMOUR (Dec. 24, 2019), https://www.glamour.com/story/taylor-swift- is-the-artist-of-the-decade. 2 See, e.g., id. (No singer affected music and pop culture in the 2010s quite like she did.); Chart History: Taylor Swift, BILLBOARD, https://www.billboard.com /music/taylor-swift/chart-history (last visited Mar. 15, 2020) (listing Swift's 97 chart appearances, 25 Top 10 Hits, and 5 No. 1 Hits); Devin Leonard, Taylor Swift IS the Music Industry, BLOOMBERG (Nov. 13, 2014 9:02 PM EST) https://www.bloomberg.com/news/articles/2014-11-12/taylor-swift-and-big- machine-are-the-music-industry; Jem Aswad & Chris Willman, Taylor Swift

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