“Copyright integrity” greenlights imitations and unprecedented appropriations.

At their best, highly innovative artists utilize or refer to the best elements of different musical traditions in order to create totally new musical genres and sounds. Blues scholar Peter Guralnick expresses this sentiment about bluesman Robert Johnson: "What made his work unique ... was an uncommon ability to synthesize these influences and a poetic sensibility which drew its inspiration from highly disparate sources and transformed them into a startling new blend., 21' At their worst, artists rehash what has come before, they do not add any innovative elements, and they dilute the original creative work. Copyright law, as befitting its history of rewarding abusive imitators,2 " has failed to accommodate innovative improvisers and users of digital samples-which, in essence, represents a lack of regard for the Black musical idiom. Black musicians' creative processes have been undermined by a regime that rewards limited creativity and punishes those who push musical artistry to new levels."' Consequently, many Black artists have either left the music industry for another occupation or entirely altered their method of creativity due to lack of financial reward and legal marginalization. 8 B. Incorporation of Moral Rights In contrast to American copyright law, many European countries broadened their copyright law to include moral rights as well as eco- 219 nomic ones. Moral rights still recognize an author's work as an economic interest, but they also treat an author's work as a natural right 220 hmrlrgt a nld h and extension of her personality. Such moral rights may include the rights of paternity, attribution, and integrity.221 The incorporation of moral theory into American copyright law may help create a copyright regime more harmonious with the Black musical tradition.2 22 Due to the restrictive copyright regime, Black musicians have historically struggled to reap the rewards of their labor, to contribute to society, and to protect the integrity of their creations as extensions of their personalities. Other regions of the world, such as Western Europe, Africa, and Asia, respect moral theory.223 Moral law incorporates notions of paternity, attribution, and integrity. Perhaps paternity and attribution, which protect the right to be known as an author and the right to prevent others from being named the author of a work, '2' respectively, would have assisted Black musicians who created music in the blues, ragtime, and rock 'n' roll eras and whose creative efforts were frustrated by the rampant imitation and appropriation of their works by White artists, record labels, and publishers. Legislators are best able to consider these ideological concepts and then evaluate issues of effective administration and feasibility of execution. However, embracing these concepts generally would certainly provide recognition for previously marginalized creative processes. Though copyright law has greatly differed throughout the generations, the tensions between the Black musical idiom and copyright law are still intact. Blacks working in the Black musical tradition still struggle to comply with the current copyright regimes' requirements while maintaining their artistic integrity. Current copyright law is detrimental to creativity as well as to society. By limiting musicians' ability to create music, copyright law also deprives society of the benefits that would be gained from appreciating this music. Furthermore, copyright law's inability to address Black musical traditions also negatively impacts society because it hearkens back to the United States' history of racism and lasting paradigms of Black inferiority. Copyright has historically failed to preserve or acknowledge the integrity of important cultural creative processes, and legislators should consider expanding the framework. Though incorporating the Black musical idiom into copyright law cannot compensate Black musicians of the past, such incorporation would benefit Black musicians currently working in the Black musical tradition. Additionally, a broader copyright regime would benefit other marginalized communities, such as poorer or new musicians, who may otherwise be unable to afford the expense of sampling under current copyright law, or who may be unable to effectively fight costly litigation that could result from claims of illegal sampling. It is imperative to amend copyright law, possibly through the incorporation of moral considerations, not only so that artists can be fully compensated for their work, but also so that society can fully benefit from their music and the knowledge that our legal system is more inclusive. Legislators must begin to recognize the extent to which the law shapes an artist's experience and the impact that it has on the rest of society.