Opening Word document…

Intellectual Property commits to subordinate Black Property at the expense of exploitation. Through “Mileu” the system entrenches dissonance enclosing normativity sacrificing Black Bodies. Current logistics demands taciturnity to expand the “good”.

Greene ’98 [Kevin J; September 7th; Kevin J. Greene is a professor at Southwestern and a nationally recognized entertainment and intellectual property 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. Professor Greene was most recently a tenured Professor of Law at Thomas Jefferson School of Law in San Diego, “Copyright, Culture & (and) Black Music: A Legacy of Unequal Protection,”]/vishwa

The copyright regime converts cultural by-products such as art, dance, music, and literature into commodities, labeled generally as intellectual property. In simple societies- often and derogatorily described as primitive- music and other a result, they have tremendous social transformative power. But in modem capitalist culture, songs, books, music, and dance also become items in the supermarket of ideas. In addition to expressing cultural attributes, such as shared mores and popular sentiments, intellectual property provides tremendous economic power.

In the abstract, the notion of protecting intellectual and artistic property seems obvious. Concretely, protection is available only by way of a very specialized area of the law inaccessible to the unschooled. Intellectual property has been worthless where the creator failed to comply with legal requirements. Furthermore, the legal system, including copyright law, generally was created without deference to the interests of large segments of society. The copyright regime is owner-centered, not creator-centered," and 'reflects a possessory attitude best summed up as follows: "That is property to which the following label can be attached: To the world: Keep off unless you have my permission, which I may grant or withhold."

In practice, Blacks as a class received less protection for artistic musical works due to (1) inequalities of bargaining power" (2) the clash between the structural elements of copyright law and the oral predicate of Black culture, and (3) broad and pervasive social discrimination which both vulnerability to exploitation and appropriation of creative works. This phenomenon of cultural appropriation experienced by Black artists compares to the history of legal subordination experienced by African-Americans under property law principles.

Legal devices such as restrictive covenants at one time Blacks, historically, constituted the quintessential "out"group in American society. Social status and copyright law replicated inequality, and deprived the African-American community of untold millions in royalties and other revenues.

Music scholars have noted that Black artists, as a class of performers, routinely found their works appropriated and exploited by publishers and managers. The publishers typically (although hardly always) were white. As a result, Black artists as a class were denied the economic benefits of the copyright system. The prolific exploitation of Black artists casts doubt on the value and neutrality of legally sanctioned economic incentives. The copyright system did not protect Black artists as class from disproportionate economic and cultural exploitation and appropriation of the fruits of their works. Yet Black artists, even as slaves, continued to produce original works. This suggests that people from non- western cultures would create original works even without financial incentives. ' For example, Black American slaves created an impressive body of musical and artistic work, which like their physical labor, went uncompensated.

Part of the pattern of cultural appropriation included the predisposition of the dominant culture to stereotype and demean minority cultures. The copyright system does not exist in a vacuum, but in a concrete social milieu. The cultural or economic impact of the copyright regime on minority groups requires examination from a historical and social perspective. In a concrete social, cultural, and historical context, the degree of protection accorded to intellectual property in American society, as with tangible property, frequently depended on the racial (as well as gender and class) status of the individual. Disparate treatment occurred despite the 94 ostensible race neutrality of the copyright regime. Superficially, the copyright system sits outside of social Anglo-American culture. These values include individualism and formalism. In contrast to Anglo American culture, Black culture has traditionally been transmitted orally and communally, and has stressed group endeavors above individual achievement. These cultural facets have disadvantaged the Black minority in a dominant culture which stresses written communication and individualism.

The collision of disparate cultures creates cross-cultural dissonance. Cultures that operate from communal and informal bases (such as the African culture) clash with the individualistic, formalistic culture inherited from Europe. It has been noted, for example, that "folk culture ...is a social culture; it is produced in societies where social experience is more important than private experience and is typically produced and reproduced communally." For ill or good, liberal individualism is an essential component of Anglo-American culture. The Founding Fathers assumed that individual, rather than group, creation is normative. Accordingly, the intellectual property rights they endorsed represent the belief that economic rewards to individuals best serve the common good. These underlying assumptions of copyright law conflict with the concept of group or communal creation which characterize other cultures. In such cultures, aesthetic and spiritual rewards, rather than economic rewards, may be a primary motivator for creating art.

Sign in to recut, update, or save this card.