Property, Power, and Progress: IP Protection Is a Tool for Racial Equity

February 1, 2026

Ben Kessler  -  Ben Kessler, AFM Director of Government Affairs

The beauty of copyright is in the eye of the beholder. Admittedly, that is likely a sentence only an abashed intellectual property nerd could write. Perhaps it does not rise to that level of attraction, but the appeal of being a champion for creators’ rights varies. Look no further than the broad bipartisan support for our policy priorities.

Take the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act, for instance. The measure to provide subpoena power to a good faith rights holder to ascertain whether specific works are used in machine learning brings together unusual political bedfellows. To the right of the political spectrum are Senators Marsha Blackburn (R-TN) and Josh Hawley (R-MO). On the clear other end are Senators Adam Schiff (D-CA) and Peter Welch (D-VT).

We are grateful for the support of people of all political persuasions. They may champion creators’ rights because of specific geography or varied ideology. How they come to stand with musicians is immaterial. And, as I am not one of the 535 duly elected members of the US Congress, my own story matters even less.

But in honor of Black History Month, I will share it anyway. I believe copyright and intellectual property protections are a matter of racial and social justice. For example, the history of popular music in in the 20th century tells us that advancing measures such as the American Music Fairness Act is not just a commonsense, bipartisan sound policy approach, it is an opportunity to correct an injustice that has gone on for decades.

I won’t use my column to argue this. Instead, I would like to recommend scholarship, writings, and expressions of all forms from far more learned people than I.

“Copyright, Culture & (and) Black Music: A Legacy of Unequal Protection,” by Kevin Greene, UC Law SF Communications and Entertainment Journal, Vol. 21, 1999—Professor Kevin Greene is a nationally recognized entertainment and intellectual property (IP) law scholar and an expert witness consultant for copyright, trademark, publicity rights, and entertainment contract disputes. He is a highly committed, outstanding teacher as well as a passionate leader and an IP law influencer. He teaches contracts and copyright law.

“Overdue Legal Recognition for African-American Artists in ‘Blurred Lines’ Copyright Case,” by Sean O’Connor, Lateef Mtima and Lita Rosario, Seattle Times, May 20, 2015—The article argues that the landmark legal ruling against “Blurred Lines” provides long-overdue copyright protection for the distinctive “groove” and “feel” of African-American musical traditions, which have historically been exploited without credit or compensation.

The Color of Creatorship: Intellectual Property, Race, and the Making of Americans, by Anjali Vats, Stanford University Press, 2021—Professor Anjali Vats is associate professor of law at the University of Pittsburgh School of Law with a secondary appointment in communication. She is interested in issues related to law, race, rhetoric, media studies, and science and technology studies, with a particular focus on intellectual property and racial justice. She teaches torts, copyright and music, international intellectual property, and critical race theory. She has also taught undergraduate and graduate courses in race, technology, and media.

Copyright & Social Justice (YouTube), US Copyright Office “Copyright Matters” Event (2020)—For those who would rather watch than read, this recording features Representative Hakeem Jeffries (D-NY) and legal experts discussing how copyright law can be leveraged by historically disadvantaged communities to empower creators.

I share these resources with the hope that you might consider the logical connection between Black History Month and copyright.

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