De-Gentrified Black Genius: Blockchain, Copyright & the Disintermediation of Creativity
Professor Tonya Evans
March 25, 2022| 10am EST | 3pm GMT
Moderated by: Professor Michael Carroll
Abstract
In a 2016 acceptance speech during the Black Entertainment Television (BET) Awards, actor and activist Jesse Williams used the phrase “gentrifying our genius” to refer to the insidious process of misappropriating the cultural and artistic productions of Black creators, inventors, and innovators. In that speech, he poignantly and unapologetically condemned racial discrimination and cultural misappropriation. This Article chronicles the nefarious history of the creative disempowerment of creators of color and then imagines an empowering future for those who successfully exploit their creations by fully leveraging copyright ownership and transfer termination.
This article, explores the paths of artists who leveraged opportunity through assignments and licenses, and later, artists who exercised their termination rights to secure a better deal with the original transferee, terminated and entered into contracts with other transferees, or went it alone and exploited their copyrights on their own. The termination right clearly benefits all copyright creators; however, members of marginalized and disenfranchised communities may stand to benefit even more from the second bite of the copyright apple. The article assert that utilizing blockchain’s decentralized technology, smart contracts, and non-fungible token standards can better protect Black artists against disenfranchisement at the hands of a codified system of intentional friction to discourage or deny the reclamation of rights.
About the Author
ProfessorEvans is faculty at Penn State Dickinson Law School. Prior to joining the Dickinson Law faculty, Professor Evans served as Associate Dean of Academic Affairs and Professor of Law at the UNH Franklin Pierce School of Law, where she created and directed the law school’s Blockchain, Cryptocurrency, and Law Online Professional Certificate Program. She is aglobal leader, accomplished academic and administrator, and world-renowned speaker with over twenty years of experience in law, innovation, academia, and entrepreneurship. She writes, speaks, and teaches primarily in the areas of intellectual property, blockchain and crypto assets, tech and innovation, information privacy, financial inclusion, and economic empowerment.
The Seminar is scheduled for 90 minutes in a public and recorded session, followed by a 30-minute off-camera virtual reception held under Chatham House Rule.