The Restoring Artistic Protection Act Is Reintroduced In Congress To Protect Creative Expression: Analysis

Last month, the Recording Academy joined Reps. Hank Johnson (D-GA) and Sydney Kamlager-Dove (D-CA) to reintroduce the Restoring Artistic Protection Act, commonly known as the RAP Act, an important step toward safeguarding First Amendment rights for artists. In partnership with the bill's sponsors, the Recording Academy, Black Music Action Coalition (BMAC), the Foundation for Individual Rights and Expression (FIRE), PEN America, and leading legal scholars joined a press conference on Capitol Hill to celebrate the bill's reintroduction and recognize the importance of protecting creative expression.

First introduced in 2022, the Restoring Artistic Protection Act aims to protect artists' creative freedom by preventing unjustified use of an artist's lyrics as evidence in criminal and civil proceedings. The bill does not place an outright ban on the use of lyrics; rather, it amends the rules of evidence in federal courtrooms, prohibiting use of a defendant's creative or artistic work unless it is determined relevant and thereby admissible by the court. Despite its nickname, the RAP Act would apply to all forms of creative expression.

To date, there are more than 800 documented cases of creative works - predominantly rap lyrics - being used as evidence in criminal trials. In these cases, lyrics are often presented as a literal confession rather than artistic works. This practice undermines freedom of expression and disproportionately affects Black and Brown artists.

The Recording Academy's newly electedChair of the Board of Trustees, Dr. Chelsey Green, attended the press conference in Washington, D.C., last month to deliver remarks on the bill's reintroduction.

"Our stories, our struggles, and our lived experiences are often expressed through music, poetry, film, and other art forms. To criminalize those expressions is to criminalize identity, imagination, and truth," she said. "We must protect the right to create freely without fear that our words will be twisted or weaponized in a courtroom."

"This legislation is long overdue," Rep. Johnson said at the press conference. "For too long, artists - particularly young Black artists - have been unfairly targeted by prosecutors who use their lyrics as evidence of guilt, even though there is no evidence that the lyrics are anything more than creative expression. When you allow music and creativity to be silenced, you're opening the door for other realms of free speech to be curtailed as well. The government should not be able to silence artists simply because they write, draw, sing, or rap about controversial or taboo subjects."

Defending Creators' Rights Across The Country

The Recording Academy has addressed this urgent issue at the federal level and across state legislatures over the years. In 2022, California Governor Gavin Newsom signed the Decriminalizing Artistic Expression Actinto law, becoming the first state to enact legislation of this kind. Louisiana followed suit in 2023, becoming the second state to adopt similar protections.

The Academy has seen wide bipartisan support for the issue in other statesthroughout the country: Similar bills were advanced this year in Missouri, Georgia, New York, and Maryland before their legislatures adjourned for the year. The Recording Academy looks forward to continuing its work with state lawmakers to reintroduce these measures in upcoming legislative sessions, and with federal lawmakers to advance the Restoring Artist Protection Act in the current Congress in a strong bipartisan manner.

See Our Advocacy Work In Action

On July 24, Recording Academy CEO Harvey Mason jr.released a statement in support of the legislation. "Weaponizing lyrics or other creative works in court is a harmful tactic that stifles artistic expression and undermines the voices of not just musicians, but all who create and shape culture. With the reintroduction of the RAP Act, we continue to build momentum for ending this unjust practice. The Recording Academy is grateful to our Congressional partners, Representatives Johnson and Kamlager-Dove, for their leadership on an issue that poses real harm to creators in music and beyond."

The Recording Academy remains committed to advocating for artists' rights and ensuring their voices are protected and empowered. Want to make your voice heard? Contact your representatives and urge them to support the Restoring Artistic Protection Act.

Learn More About The Restoring Artistic Protection Act