Our Minds Were Always Free. The Fight to Reclaim Black Creativity #TheBlackTable

From the earliest days of the American colonies, Black people's intellectual contributions were systematically appropriated without compensation. Onesimus introduced smallpox inoculation, and enslaved individuals like 'Sam' (cotton gin) and 'Ned' (double-bladed plow) developed critical innovations. Enslavers actively sought to legally own these inventions, even lobbying Congress to change patent laws, a provision that eventually appeared in the Confederate Constitution.

Lisa Davis highlights Onesimus (00:05:21), the enslaved inventor of the cotton gin (00:09:02), and Ned, who invented the double-bladed plow (00:09:28). She details how enslavers lobbied Congress to own these inventions and how this was codified in the Confederate Constitution (00:09:51).

The United States' rise as a global superpower was built on two intertwined pillars: a unique approach to intellectual property law that favored individual creators (compared to Britain) and the systematic exploitation of Black people as property. This dual system meant that while IP was protected, Black creators were often denied the rights to their own inventions and artistic works.

Davis argues that the US's global power stems from its approach to intellectual property and the exploitation of Black people as property, both enshrined in the Constitution before the Bill of Rights (00:11:07). She notes that post-Dred Scott, an opinion stated enslaved people couldn't own patents due to lack of citizenship (00:12:25).

Early Black musical pioneers like Sister Rosetta Tharpe and Bessie Smith, despite their immense talent and influence, struggled to build lasting wealth because their primary contributions were live performances. Copyright law required creativity to be 'fixed in a tangible medium,' meaning recordings were owned by labels, not the artists. This allowed others to mimic and profit from their styles without direct compensation, contrasting sharply with figures like Thomas Dorsey and Harry Burleigh who strategically copyrighted compositions and leveraged performance rights.

Sister Rosetta Tharpe, recognized as the creator of rock and roll, could not monetize her performance-based style because copyright only protects 'fixed' creative works (00:16:58). Bessie Smith's recording contract paid only session fees, no royalties (00:20:39). In contrast, Thomas Dorsey copyrighted over 400 songs (00:18:24), and Harry Burleigh, a founding ASCAP member, left a $4 million estate from performance royalties (00:21:14).

Throughout history, Black creators and entrepreneurs have sought to establish independent means of production and distribution to control their narratives and profit from their labor. From Oscar Micheaux's filmmaking to Benjamin Montgomery's post-slavery land ownership, and later Sidney Poitier's studio co-ownership and Tyler Perry's independent empire, owning the 'means of production' has been crucial for nuanced depictions and wealth generation.

Oscar Micheaux's 'Within Our Gates' was a nuanced response to racist films, but lacked copyright protection (00:29:42). Benjamin Montgomery, an enslaved man, eventually owned the plantations where he and Jefferson Davis resided (00:32:02). Sidney Poitier co-founded a studio to control narratives (00:34:47). Spike Lee, Oprah Winfrey, and Tyler Perry are highlighted for owning their creative output and controlling their images (00:43:07).

The advent of Artificial Intelligence presents a new and significant threat to Black creatives. Current law dictates that AI-generated content cannot be copyrighted, which could devalue human creativity. Given that creativity has historically been a primary source of wealth for Black people, the widespread adoption of AI in arts and music, coupled with declining income from streaming, risks undermining Black artists' ability to survive and thrive.

Davis explains that AI-created content cannot be copyrighted because it lacks human creativity (00:47:57). She expresses concern that if AI replaces human artists, labels won't pay royalties, threatening a main source of wealth for Black people (00:48:44). She also notes the drastic reduction in recording artists' income from streaming compared to physical sales (00:51:14).