Abstract

Excerpted From: Dominique Fontenette Davillier, The Rap-to-Prison Pipeline and the Erasure of Black Rappers, 40-SPG Entertainment and Sports Lawyer 18 (Spring, 2024) (46 Footnotes) (Full Document Requested)

“The role of the artist is to make the revolution irresistible” is a quotation by Toni Bambara. However, advocating for any type of revolution can be dangerous. So, who protects the artist and their art? Essentially, that is the role of the lawyer to protect the artist and their art, as well as to actively listen to their needs and advocate zealously for their best interests to help them mitigate risks. This holds especially true in the music industry, particularly for lawyers representing artists in the rap genre.

The music lawyer must be well-versed in all areas of the industry to sufficiently represent the talent. A significant aspect of the industry that rap artists are forced to deal with are the implicit biases surrounding Black men in American society. These biases are often used to criminalize the lives of rap artists.

Within the past year, there have been extensive conversations about using rap lyrics in criminal trials following the very high-profile arrests of Young Thug and Gunna. This issue has been continuously framed as a criminal justice issue. However, implicit biases impact daily music consumption (i) through the way rappers are treated in society and (ii) through the way their art is interpreted by listeners, both in and outside the courtroom. Such bias has a significant negative impact on artists and can stifle and silence Black voices and art.

Lawyers should be on the front lines protecting the rights of artists. That includes working to correct the injustice and unfair discrimination against rap artists. With the increase in digital technology and the way it is altering the music business, it is more important than ever to fully discuss the threat to Black artistry. Part I of this paper addresses the financial value of rap and the proposed legislation for limiting the use of rap lyrics in criminal trials. Part II highlights the deficiencies in the proposed legislation. Lastly, Part III proposes legislative and alternative solutions to address implicit bias against rap to afford Black artists greater protection in their artistic expression.

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While these proposed systemic changes will not likely completely eradicate implicit bias in the music industry, they are necessary because at the very least, they will begin the essential conversations that need to take place pertaining to why society understands that life and art are not inextricably intertwined in almost all other art forms. However, an exception is applied to Black rappers and their art. It is vital that the effort is made to address these implicit biases to ensure that we, as music lawyers, are not contributing to the rap-to-prison pipeline and the erasure of Black rappers. Further, as music lawyers, it is our duty to fight for the equal protection of all artists, regardless of how much revenue they generate. So, when music executives state that they support legislation allowing all artists to express themselves freely without fear of criminal consequences, that includes all rappers and not just those who make millions of dollars for the recording industry.

To best advocate for our clients, music lawyers must all do our part in changing this aspect of the industry and society, even if it requires uncomfortable conversations. We must all make an effort to increase diversity in the music industry which will, in turn, increase awareness of these issues. Ultimately, this will help humanize the artists and help us all understand where reality stops and art begins. While none of us can do anything to change the past, we all can make a difference in creating a better future. As Martin Luther King Jr. said: “a riot is the language of the unheard,” and rap is the soundtrack. Protect Black art.

Dominique Davillier graduated in May 2024 from the University of Miami School of Law with her JD and LLM in Entertainment and Sports Law.