Little on Protecting Black Creativity: Rap Lyrics as Misused Evidence and the Case for Intellectual Property Law Reform

Shathera Little, Protecting Black Creativity: Rap Lyrics as Misused Evidence and the Case for Intellectual Property Law Reform. Here is the abstract.

This paper examines the growing use of rap lyrics as evidence in criminal proceedings and argues that such practices reflect a fundamental misunderstanding of Black creative expression. Drawing on Critical Race Theory, this paper demonstrates how courts disproportionately interpret rap lyrics as literal confessions rather than artistic works, reinforcing racial bias and undermining fair trial principles. The analysis further contends that this mischaracterization exposes a gap within U.S. intellectual property law, which fails to adequately protect the contextual and expressive nature of lyrical content when it is removed from its artistic framework and repurposed as evidence. By treating rap lyrics differently from other forms of creative expression, courts effectively erode both First Amendment protections and the underlying principles of copyright law. This paper proposes a re-evaluation of evidentiary standards and calls for intellectual property law reform that recognizes rap lyrics as protected creative works, requiring courts to account for artistic context before admitting such material as evidence. In doing so, it advances a broader framework for protecting Black creativity within the legal system.

Download the article from SSRN at the link.