Date of Award
Fall 2025
Degree Type
Thesis
Director of Thesis
Eric Robinson
Second Reader
Andi Waddell
Abstract
This paper examines copyright restoration as both a legal mechanism and a form of cultural reparations for Black musicians historically excluded from ownership and profit in the American music industry. It traces the evolution of U.S. copyright law from its earliest forms to the Music Modernization Act of 2018, highlighting how shifting statutory frameworks have gradually extended protection and restoration rights to artists who were once denied them. The analysis situates this legal trajectory within a broader history of racialized exploitation in the recording industry, where inequitable contracts and systemic power imbalances functioned as modern forms of artistic sharecropping. Through three case studies—Syl Johnson, Victor Willis, and Bo Diddley—the paper demonstrates how artists and estates have mobilized restoration provisions, termination rights, and probate litigation to reclaim ownership and authorship. Each case reveals both the promise and limitations of copyright law as a reparative tool: while legal reforms have expanded opportunities for restitution, procedural barriers and market structures continue to constrain meaningful access. By framing restoration as an act of both legal and moral recovery, this work argues that copyright can serve not only as an economic safeguard but also as a vehicle for historical redress and recognition.
First Page
1
Last Page
78
Recommended Citation
Roberts, James Jr., "Reclaiming Sound: Copyright Restoration as Cultural and Economic Justice for Black Musicians" (2025). Senior Theses. 829.
https://scholarcommons.sc.edu/senior_theses/829
Rights
© 2025, James Roberts Jr.
Included in
Contracts Commons, Intellectual Property Law Commons, Legal History Commons, Legislation Commons, Musicology Commons