IP in Civil Rights | Protect a Movement
When Dr. Martin Luther King Jr. said, “ I Have a Dream,” I’m pretty sure he wasn’t considering for one second the copyright implications. There will be many posts today celebrating his great achievements, but why not also talk about some copyright law. All his iconic speeches are still under copyright and not free for the public domain to access as yet. So the bigger question then, who owns the IP of social movements?
I probably spend too much time thinking about the legal side of history when it comes to too many things, especially IP law. I’ve noticed a battle that’s been brewing for years between protecting someone’s IP and making sure the public can learn and be inspired by their work. What’s even more complicated is when the work and that person happens to be a civil rights legend who reshaped history.
Things have gotten tricky in the digital age; Tik Tok, Instagram, X etc. can reach millions each day. The advent of these platforms have made it more difficult for the estates of these social movement pioneers to keep the messages authentic.
Add in AI to this and you get a barrage of deep fakes, voice cloning and you may see Dr. King giving a speech he never gave.
How to Protect IP in Civil Rights
Here are a few ideas on how to keep Dr. King’s legacy (and others like his) safe from misappropriation while allowing people to learn and share his message freely for proper usage in our 24/7 digital world.
- Limited-Term Copyright for Social Impact Works – introduce a special copyright classification for pivotal civil rights materials, such as speeches, writings, and activist media, that balances legacy and access. By allowing these works to enter the public domain more quickly (instead of waiting for the current term of life of the author plus 70 years), we can increase public access while still protecting the financial interests of the estates. This targeted reform would reshape how we handle IP in civil rights, honoring the mission behind the work without locking it away for generations.
- Open Licensing for Educational Use – Implement structured, open-use licenses that allow educators, historians, and nonprofits to access and share civil rights materials without legal complexity or cost barriers. Rather than requiring permissions or navigating inconsistent usage policies, teachers should be able to integrate iconic content directly into their curriculum. In the context of IP in civil rights, this ensures that vital knowledge is passed on while still maintaining attribution and respect for originators.
- Fair Use Expansion – Expand the scope of fair use specifically for civil rights-related works, especially speeches and cultural content used in public discourse. Educators, activists, and creators should not live in fear of takedown notices when sharing a meaningful quote or clip. When it comes to IP in civil rights, the law should support accessibility and commentary, not stifle it.
- AI Ethical Guidelines – As generative AI continues to evolve, we need enforceable guardrails to prevent misuse of the voices, likenesses, and legacies of civil rights leaders. Without legal protections, there’s nothing stopping algorithms from digitally resurrecting historic figures to promote products or messages they never endorsed. Ethical AI policy is critical to how we protect IP in civil rights moving forward, both for public integrity and for the families left behind.
As an IP attorney, I admit I’m biased toward keeping the law relevant, and with the speed of social media and AI, we need to seriously consider how we protect important social messages. IP in civil rights isn’t just about ownership; it’s about preserving the integrity of voices that shaped history. We need to try our best to keep that history accurate. Should social movement speeches and texts remain locked behind copyright, or be free for the public to share? And how does AI fit into this evolving conversation?
If you’re working at the intersection of storytelling, activism, and creative work, and wondering how your rights or responsibilities fit into today’s digital landscape, let’s talk. I help creators, educators, and cultural organizations navigate the legal side of legacy.
Book a consultation to discuss IP in civil rights and protecting your message.