When Virality Becomes a Condition: The Power of Social Media Metrics in Music Contracts and its Impacts on Artistic Control

Over the years, the music industry has evolved to operate in a new way that balances creative expression and algorithmic validation. On a routine basis, posts on platforms like TikTok and Instagram contain audio clips that go viral or turn into dance challenges. Therefore, record labels have begun to capitalize on this public engagement and promotion by conditioning release decisions on whether artists can generate a trending moment online. While this practice reflects changing marketing realities, it also raises significant legal questions about promotional control, contractual discretion, and the limits of an artist’s obligation under traditional recording agreements. 

In May 2022, renowned musician Halsey posted a video on TikTok alleging that their record label, Capitol Records, refused to release one of her new songs unless she could first create a campaign to make the song go viral.¹ Halsey expressed that all artists are experiencing this marketing rollout strategy being pushed upon them and how her focus as an artist is to simply share her music with the world.² This discovery has sparked a widespread discussion on how record labels now seem to be using social media metrics not only as a promotional tool but also as a mechanism to control artists’ autonomy when it comes to distributing new music. 

Halsey’s criticism is not a solitary opinion. Other artists, including Florence Welch, FKA Twigs, and Adele have publicly expressed frustration with the pressure to create short-form content to justify releases, even when such demands conflict with their creative wishes. A few months before Halsey, Florence Welch posted an a cappella video online since “the labels are begging me for low-fi Tiktoks.”³ FKA Twigs voiced similar frustrations on social media saying, "All record labels ask for are TikToks and I got told off today for not making enough effort.”⁴ Lastly, Adele experienced her label asking her to create songs that were more TikTok-friendly and for the younger generations who are the target audience on these apps.⁵ These statements reflect a broader shift in the industry where virality is no longer an indicator of success after a release, but instead an increasingly necessary prerequisite for distribution. 

Legally, the relationship between an artist and a record label is governed by a contractual agreement to facilitate the promotion and sale of records.⁶ Standard recording contracts grant labels broad discretion over promotional strategy and release timing, often using the term “sole and exclusive” to reserve authority over the recordings themselves and production decisions.⁷ Although labels also often control promoting new songs, contracts rarely define the parameters on how far their control extends, like with required social media activity from the artist. Many contracts require artists to participate in promotional efforts, but they do not expressly condition release obligations on achieving a certain level of engagement or viral success.⁸ This ambiguity creates tension and frustration when labels do not release music due to an absence of social media traction online that is not a guaranteed outcome or a term contractually specified in the recording agreement. 

Under U.S. contract law, most jurisdictions recognize an implied covenant of good faith and fair dealing, which obligates contracting parties to exercise discretion honestly and not deprive the other party of the contract’s expected benefits.⁹ Historically, these recording agreements are almost always in favor of the label, the label often has power over creative decisions to support whatever financial decision is best for the record label.¹⁰ If a contract grants one party discretionary authority, that discretion must be exercised in a manner consistent with the contract’s purpose and the parties’ reasonable expectations.¹¹ However, a contractual dispute can arise if a label fails to act in good faith especially when discretion is used to suppress or delay releases for reasons not contemplated at the time of the contract.¹² 

Conditioning release decisions on viral online success introduces a new legal question when contemplating contracts. Unlike traditional promotional benchmarks like song downloads, radio time, or general advertisement, virality is inherently unpredictable and driven by the platform’s algorithm. When release approval hinges on an undefined and unattainable standard, an artist could argue that the label is exercising discretion in a manner that frustrates the fundamental purpose of the agreement which is to sell and distribute the artist’s music. This dispute highlights the power imbalance artists already face when entering a contract with a record label.  

Now, this expectation of artists effectively transforms artists into perpetual content creators, extending their obligations beyond music creation into constant online engagement. This expansion of duties raises questions about whether modern recording contracts adequately reflect the scope of labor expected of artists or if new forms of uncompensated work are required of artists due to vague contractual clauses. In response to these developments, entertainment attorneys are increasingly advising artists to negotiate more precise exclusivity or promotional language.¹³ Such provisions could include explicit limits on social media obligations, defined timelines for release regardless of marketing performance, or clauses clarifying that promotional cooperation does not guarantee algorithmic outcomes. For established artists, public pushback, like with Halsey, has proven effective in forcing labels to reconsider release strategies. But emerging artists rarely possess similar bargaining power.  

Absent contractual reform, disputes over viral prerequisites are likely to continue between artists and their label. As social media driven marketing becomes an expectation deeply ingrained in the music industry, courts and commentators may be forced to confront whether conditioning release on virality is compatible with principles of good faith and fair dealing. The music industry’s reliance on social media performance reflects a transformation in how commercial viability is assessed. However, when virality becomes a contractual barrier rather than a marketing tool, it reshapes the legal relationship between artists and labels in ways that traditional recording agreements did not anticipate. As labels continue to integrate algorithmic success into release decisions, the law will play a critical role in determining whether creative independence can coexist with data driven promotion. 

Sources:

[1] Andrew Chow, Halsey Says Her Label Wouldn’t Release New Music Without a Viral TikTok Moment, TIME (May 23, 2022), https://time.com/6180377/halsey-tiktok-label/.  

[2] Id.  

[3] Sonia Rao, Record Labels Want Viral TikToks. Artists Are Pushing Back., Wash. Post (May 25, 2022), https://www.washingtonpost.com/arts-entertainment/2022/05/25/record-labels-want-viral-tiktoks-artists-are-pushing-back/.  

[4] Grant Rindner, Pop Star Complaints About Being Forced to Make Viral TikToks Go Viral on TikTok, GQ (May 25, 2022), https://www.gq.com/story/halsey-fka-twigs-florence-welch-tiktoks-label-marketing.  

[5] Sophia June, What’s Going On With Record Labels and “Viral” TikTok Moments?, Nylon (Feb. 20, 2024), https://www.nylon.com/life/record-labels-viral-tiktok-music-halsey-charli-xcx-fka-twigs.  

[6] Rebecca Caplan, Exclusive Recording Contracts – What Rights Will You Be Giving Away to a Label?, Music Law Contracts (May 10, 2011), https://www.musiclawcontracts.com/exclusive-recording-contracts-what-rights-will-you-be-giving-away-to-label/.  

[7] Id.  

[8] Recording Contracts – Terms, Royalties, and Artist Rights, UpCounsel (June 3, 2025), https://www.upcounsel.com/recording-contracts.  

[9] RESTATEMENT (SECOND) OF CONTRACTS § 205 (Am. L. Inst. 1981).  

[10] Eldonie Mason, Unfair Record Deals: How Established Artists Can Negotiate Better Terms or Fight Legacy Contracts, Mason Firm, LLC (Mar. 31, 2025), https://www.masonfirmllc.com/unfair-record-deals-how-established-artists-can-negotiate-better-terms-or-fight-legacy-contracts#:~:text=Fighting%20Legacy%20Record%20Contracts,push%20labels%20into%20fairer%20terms.  

[11] “Contractual Discretion and Its Limits”, Norton Rose Fulbright, (July 2017), https://www.nortonrosefulbright.com/en/knowledge/publications/207739db/contractual-discretion-and-its-limits.  

[12] Id.  

[13] 5 Key Terms to Include in Your Music Licensing Agreement, Baxter Bruce Law (Jan. 31, 2024), https://www.baxterbrucelaw.com/blog/2024/01/5-key-terms-to-include-in-your-music-licensing-agreement/.