OUR MINDS WERE ALWAYS FREE

An entertainment lawyer takes on the topic of Black creators and intellectual property.

Davis writes early in her book, “America has a long and sordid history of mining the value of the art and inventions of Black people for its own benefit and erasing evidence of Black authorship to prop up the myth of white superiority.” It’s impossible to argue with that, as she demonstrates in this well-researched look at how Black creators have been exploited and robbed by white people determined to enrich themselves unjustly. She contends that Black artists who were able to succeed financially did so by understanding intellectual property laws (although, of course, this was not an option in the days of slavery). She draws contrasts between creators like Bessie Smith, the legendary blues singer who was exploited mercilessly by the music industry, and Harry T. Burleigh, the composer whose knowledge of copyright law enabled him “to build a foundation for a long, comfortable life and multigenerational wealth.” The author makes a similar point about composer Thelonious Monk, who was insistent on policing his own copyrights, and Billie Holiday, the singer who unknowingly signed one-sided contracts and later died nearly penniless. Davis also examines the film and television industry, explaining how Spike Lee retained his creative independence by electing to shoot his debut film, She’s Gotta Have It, outside the studio system, and Oprah Winfrey, who took a financial risk by choosing to sign with a syndication company that allowed her to own her own show rather than signing with ABC. (The risk seems to have paid off.) Davis explains legal concepts with ease, deftly translating lawyer-speak into plain English, and her enthusiasm for the artists she writes about is palpable (and charming). She incorporates welcome moments of humor when appropriate (for example, calling Kendrick Lamar “every Blerd’s favorite rapper”), and her prose is measured and elegant. There’s so much to admire in this perceptive book.

Lively and smart, this is a must for music lovers.