Like, Comment, and Follow: How to Amend Copyright Law to Protect Black TikTokers

Abstract

The Black community has long suffered through a cycle of trauma and pain, with history repeating itself throughout generations. From the civil rights movement to the Black Lives Matter movement, this cycle persists, showing up again in the experiences of Black TikTokers. Despite looking race-neutral on its face, copyright law’s lack of understanding of how Black art can manifest itself has become more obvious in the world of digital creativity. Stuck in a cycle of appropriation, Black TikTokers find themselves facing a familiar dilemma as their work is replicated without compensation or credit, echoing the historical struggles of Black musicians. This Article analyzes how copyright law fails to protect choreographic works, leaving Black TikTokers with no adequate legal solution. Looking through a critical IP lens, this Article proposes recommendations to better protect the creative works of Black TikTokers. Through these recommendations, this Paper aims to offer hope and tangible solutions to address the systemic challenges facing Black creators in this digital age.