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    California Bill Could Restrict the Use of Rap Lyrics in Court

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    The bill, which applies more broadly to other forms of creative expression, has unanimously passed the Senate and Assembly and could become law by the end of September.A California bill that would restrict the use of rap lyrics and other creative works as evidence in criminal proceedings has unanimously passed both the State Senate and Assembly, and could soon be signed into law by Gov. Gavin Newsom.The bill, introduced in February by Assemblyman Reginald Jones-Sawyer, a Democrat who represents South Los Angeles, comes amid national attention on the practice following the indictment of the Atlanta rappers Young Thug and Gunna on gang-related charges. Prosecutors have drawn on the men’s lyrics in making their case.The California measure, however, would apply more broadly to any creative works, including other types of music, poetry, film, dance, performance art, visual art and novels.“What you write could ultimately be used against you, and that could inhibit creative expression,” Mr. Jones-Sawyer said Wednesday in an interview. He noted that the bill ultimately boiled down to a question of First Amendment rights.“This is America,” he said. “You should be able to have that creativity.”Mr. Newsom has until Sep. 30 to sign the bill into law. If he neither signs nor vetoes the bill by that date, the measure would automatically become law. The law would then go into effect on Jan. 1, 2023, Mr. Jones-Sawyer said.When asked whether Mr. Newsom planned to sign the bill, his office said that it could not comment on pending legislation. “As will all measures that reach the governor’s desk, it will be evaluated on its merits,” it said.Though the bill’s genesis is in preventing rap stars’ lyrics from being weaponized against them, the measure loosely defines “creative expression” to include “forms, sounds, words, movements, or symbols.”It would require a court to evaluate whether such works can be included as evidence by weighing their “probative value” in the case against the “substantial danger of undue prejudice” that might result from including them. The court should consider the possibility that such works could be treated as “evidence of the defendant’s propensity for violence or criminal disposition, as well as the possibility that the evidence will inject racial bias into the proceedings,” the bill says.“People were going to jail merely because of their appearance,” Mr. Jones-Sawyer said. “We weren’t trying to get people off the hook. We’re just making sure that biases, especially racial biases toward African Americans, weren’t used against them in a court of law.”The bill would require that decisions about the evidence be made pretrial, out of the presence of a jury. For decades, prosecutors have used rappers’ lyrics against them even as their music has become mainstream, with critics and fans arguing that the artists should be given the same freedom to explore violence in their work as were musicians like Johnny Cash (did he really shoot a man in Reno just to watch him die?) or authors like Bret Easton Ellis, who wrote “American Psycho.”In other cases, though lyrics were not used as evidence, they were discussed in front of the jury, which “poisoned the well” by allowing bias to enter the court, according to Mr. Jones-Sawyer’s office. It also noted that while country music has a subgenre known as the “murder ballad,” it is only the lyrics of rap artists that have been singled out.Charis E. Kubrin, a professor of criminology, law and society at the University of California, Irvine, who has extensively researched the use of rap lyrics in criminal proceedings, said that the way prosecutors have used defendant-authored lyrics in court was unique to rap.The practice, she said, essentially treated the lyrics as “nothing more than autobiographical accounts — denying rap the status of art.” The California bill is significant, Dr. Kubrin said, because it would require judges to consider whether the lyrics would inject racial bias into proceedings. “This is bigger than rap,” she said.Among the first notable times the tactic was used was against the rapper Snoop Dogg at his 1996 murder trial, when prosecutors cited lyrics from “Murder Was the Case.” The rapper, whose real name is Calvin Broadus, was acquitted.Snoop Dogg entering a Los Angeles court in 1996, where a prosecutor cited his lyrics during a murder trial. He was acquitted.Mark J. Terrill/Associated PressMost recently, the charges against Young Thug and Gunna have called national attention to the tactic. Both men, who have said they are innocent, were identified as members of a criminal street gang, some of whom were charged with violent crimes including murder and attempted armed robbery.Young Thug, whose real name is Jeffery Williams, co-wrote the Grammy-winning “This is America” with Childish Gambino and is one of the most influential artists to emerge from Atlanta’s hip-hop scene.In November, two New York lawmakers introduced a similar bill that would prevent lyrics from being used as evidence in criminal cases unless there was a “factual nexus between the creative expression and the facts of the case.” It passed the Senate in May.In July, U.S. Representatives Hank Johnson of Georgia and Jamaal Bowman of New York, both Democrats, introduced federal legislation, the Restoring Artistic Protection Act, which they said would protect artists from “the wrongful use of their lyrics against them.”The California bill is supported by several other music organizations and activist groups, including the Black Music Action Coalition California, the Public Defenders Association and Smart Justice California, which advocates criminal justice reform.In a statement of support from June, the Black Music Action Coalition, an advocacy organization that battles systemic racism in the music business, said that prosecutors almost exclusively weaponized rappers’ lyrics against men of color.“Creative expression should not be used as evidence of bad character,” the organization said, maintaining that the claim that themes expressed in art were an indication of the likelihood that a person was violent or dishonest was “simply false.”Harvey Mason Jr., the chief executive of the Recording Academy, which runs the Grammy Awards, said that the bill was intended to protect not only rappers, but also artists across all genres of music, and other forms of creativity.“It’s bigger than any one individual case,” Mr. Mason said. “In no way, at no time, do I feel that someone’s art should be used against them.” More

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      A Race ‘Report Card’ Measures Whether the Music Industry Changed

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      The Black Music Action Coalition issued a 37-page report examining if powerful companies followed through on diversity commitments made last summer.A new “report card” on race in the music business takes many of the industry’s most powerful companies to task, urging them to follow through on diversity commitments made last summer amid nationwide protests over the murder of George Floyd.The 37-page “Music Industry Action Report Card,” by the Black Music Action Coalition, was issued over the weekend to coincide with the Juneteenth holiday. The group took its hardest look at the three major record companies, which announced large financial donations last year — Sony and Warner Music each pledged $100 million, and Universal $25 million — and doled out middling-to-poor grades to them.Only a portion of those donation pledges has been paid out so far, and in its report the coalition — a group of artist managers, lawyers and others in the business that was formed a year ago — pressed the companies to hire more people of color in top executive jobs.The report graded the labels in four categories, including their initial commitments and subsequent follow-through, and the companies mostly got B’s and C’s. None earned an A, and one, Warner, even got a D in the category of representation at the executive level.Last week, the Annenberg Inclusion Initiative at the University of Southern California released a detailed report of its own, noting that, among 4,060 executives at 119 music companies of various kinds, 7.5 percent were Black. (At record companies, that number was 14.4 percent.)“Our hope is that the MIA Report Card, especially coming on the heels of the Annenberg study, will spur more conversations and efforts towards, in some cases, disruptive change,” Naima Cochrane, a journalist and former label executive who was the author of the Black Music Action Coalition’s study, wrote.Most companies named in the report, including each of the three major record conglomerates, declined to comment about it. But some within the industry privately complained that the study was inconsistent or incomplete.A total of 18 companies were examined in the report. While record labels were given letter grades, other types of companies, like streaming services, talent agencies and concert promoters, were rated on whether their efforts were “satisfactory.” Whole areas of the business, including radio and artist management, were not addressed. The coalition said the study would be expanded in coming years.“Our data is only as good as the record industry’s willingness to cooperate in providing information,” Binta Niambi Brown, the coalition’s co-chairman, said in a statement.Pandora, the internet radio giant that is owned by SiriusXM, was one of the few whose efforts were deemed “unsatisfactory,” although scant reasons were given for that rating. “Because Pandora has traded on its familiarity with Black and Latinx listeners and their impact on culture,” the report said, “we expected a more significant commitment from them.”In response, Nicole Hughey, the head of diversity and inclusion at SiriusXM, said the company has given money to organizations and pursued specific campaigns against racism in the audio business.“We support BMAC’s mission, but were disappointed and surprised by the Unsatisfactory rating given to Pandora in their recent report card, given our strong passion and commitment to fighting racism and promoting racial equality,” Ms. Hughey said in a statement.“There is always more work to be done, within our company and across the music industry,” she added, “and we will continue that work tirelessly.” More

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      Did the Music Industry Change? A Race ‘Report Card’ Is on the Way.

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      The Black Music Action Coalition, a group of managers, lawyers and others, was created last summer with a mission to hold the business to account. In June, it will report on the progress so far.Last summer, as protests roiled over the death of George Floyd, the music industry began to take a hard look at itself with regard to race — how it treats Black artists, how Black employees fare at music companies, how equitably money flows throughout the business.Major record labels, streaming services and broadcasters pledged hundreds of millions of dollars in donations, convened task forces and promised to take concrete steps to diversify their ranks and correct inequities. Artists like the Weeknd and BTS donated money to support social justice, and Erykah Badu and Kelis signaled their support for economic reforms in the music industry.Everything seemed on the table. Even the term “urban,” in radio formats and marketing — to some a racist euphemism, to others a signifier of pride and sophistication — came under scrutiny. But there was still wide skepticism about whether the business was truly committed to making substantial changes or whether its donations and lofty statements were more a matter of crisis P.R.The Black Music Action Coalition, a group of artist managers, lawyers and others, was created last summer with a mission to hold the industry to account. In June, it intends to release a “report card” on how well the various music companies have made good on their promises and commitments to progress.The report will lay out what steps the companies have taken toward racial parity, and track whether and where promised donations have been made. It will also examine the number of Black executives at the leading music companies and the power they hold, and how many Black people sit on their boards. Future reports will take deeper looks at questions like how equitably the industry itself operates, Binta Niambi Brown and Willie Stiggers, a.k.a. Prophet, the coalition’s co-chairmen, said in an interview this week.“Our fight is much bigger than just whether or not you wrote a check,” said Prophet, an artist manager who works with Asian Doll, Layton Greene and other acts. “But the fact that you said you were going to write a check, we want to make sure that money was actually given and that it went to a place that actually hit the veins of the Black community.”The report, to be written by Naima Cochrane, a journalist and former label executive, will be modeled on the annual media studies by the advocacy group GLAAD, which track the representation of L.G.B.T.Q. characters in film and television and assign ratings to the various companies behind them. It is expected to be issued by June 19 — Juneteenth, the annual holiday commemorating the end of slavery in the United States.The coalition’s public statements have made it clear that it sees itself as a strict and unflinching judge of the music industry, which has a dark history of exploitation of Black artists even as Black music has long been — and remains — its most essential product. Last summer, an online campaign called #BlackoutTuesday brought out painful commentary that, even today, many Black executives feel marginalized, subject to white supervisors who hold greater powers and earn more money.Brown, a label executive and artist manager, said the goal of the report is not punishment but encouragement.“We want to do it in a way that is more carrots than stick, so we can continue to incentivize good behavior,” she said. “We want to hold folks accountable, not cancel them.”Most of the major music companies have hired diversity officers and promoted some top Black executives to positions equal to those of their white colleagues, though there are still only a handful of Black people at the uppermost levels of leadership.A number of outside studies have also been commissioned to examine diversity within the industry, including one by the Annenberg Inclusion Initiative at the University of Southern California and another by the Recording Academy, the Berklee College of Music and Arizona State University about women in music.Yet there has been relatively little public discussion about looking at artist contracts, including ones from decades past, and curing any unfair terms.One company, BMG, examined thousands of contracts and found that, of 15 catalogs it owns that have rosters with both Black and non-Black artists, 11 showed no evidence of racial disadvantage. Among the four that did, the company found “a statistically significant negative correlation between being Black and receiving lower recorded royalty rates” of 1.1 to 3.4 percentage points. BMG has pledged to take action to correct that disparity.Those deeper issues about fairness in the music industry may well be covered in future reports by the coalition. For now, they are limiting their scope to whether promises have been kept.“Racism is 400-year-old problem,” Prophet said. “We didn’t think it would be solved in 12 months.” More