Every January 15th, we celebrate the life and legacy of Martin Luther King Jr., one of the most influential civil rights leaders in American history. His vision of a society where people are judged by the content of their character, not the color of their skin, inspired millions of people to fight for justice and equality. His dream of equality and justice resonates deeply, echoing across generations and inspiring ongoing struggles for equity in all facets of life, including the realm of intellectual property.
While often overlooked, intellectual property rights – patents, trademarks, copyrights – played a crucial role in both Dr. King’s movement and the broader Civil Rights fight. He recognized the importance words and ideas have on society. Today, over 55 years from his death we still remember him largely through the words, speeches and images of him which are shared and televised around the world. Dr. King understood the importance of protecting the creative works of authors, artists, inventors, and innovators, especially those from marginalized communities.
Dr. King recognized that intellectual property is not only a source of economic value, but also a reflection of cultural identity and human dignity. After being the first African American to win the Nobel Peace Prize in 1964, he donated the prize money to the civil rights movement. He also registered his speeches, books, and letters as trademarks and copyrights to protect his intellectual property rights. He preserved and promoted his legacy in part through his intellectual property when he set up the Martin Luther King Jr. Center for Nonviolent Social Change.
Following in Dr. King’s footsteps we agree that intellectual property can advance social causes and empower people to do more and make the world a better place. We believe that intellectual property is a tool for positive change, and we are committed to helping our clients protect and leverage their intellectual property rights.
In fact, looking closely at Dr. King’s intellectual property we see that intellectual property laws help protect copyright and promote his legacy. For example:
1. Copyright Protection for Words and Speeches including “I Have a Dream”:
The iconic “I Have a Dream” speech, protected by copyright, transcended its immediate context to become a symbol of global hope. By filming Dr. King’s “I Have a Dream” speech, it became fixed in a tangible medium of expression protectable under copyright law. After the March, interestingly, Dr. King entered into negotiations with Motown Records to distribute the speech, but several other record companies beat Motown and Dr. King to the punch and started selling unauthorized recordings. The work was then was registered with the U.S. Copyright Office. With limited exceptions, this speech and others by Dr. King cannot be used without prior approval until 2038, 70 years after his death which is when the copyright will expire. Its protection as a copyrighted work ensures that his legacy will remain consistent and impactful, preventing distortion or dilution by those opposed to the movement’s goals.
2. Movie Rights to King’s Life Story:
Name Image and Likeness laws started to take shape between the 1970s and 2000. In 1972, California was the first state to actually codify the right of publicity, 4 years after Dr. King’s death. However, if you want to use Dr. King’s recorded or written words, works, recorded voice, name, likeness, or images, you will need a license from Intellectual Properties Management (“IPM”), which is the exclusive licensor of the rights to his copyrighted works and is owned by his heirs which largely consists of his family. Of interest, the film Selma, which depicts the struggles of the marchers marching from Selma to Montgomery in 1964 for voting rights was unable to license any of Dr. King’s works and could not use King’s words or life story as part of the movie. Instead, Stephen Spielberg, owns the movie rights to King’s life should he ever make one.
3. Empowering Black Inventors:
Despite systemic barriers, countless Black inventors contributed significantly to technological advancement. Dr. George Washington Carver’s agricultural research, Madam C.J. Walker’s hair care innovations, and Dr. Lewis Latimer’s work on light bulbs are just a few examples. Yet, patent discrimination often deprived them of rightful recognition and economic rewards. The ongoing fight for access to and protection of intellectual property rights remains crucial for empowering future generations of Black innovators.
4. Dr. King’s dream extended beyond physical equality.
Dr. King believed that the future should allow all voices to be heard, all contributions valued, and all creativity protected. In the realm of intellectual property, pursuing this dream means:
- Ensuring equitable access to resources and education for underserved communities.
- Combating racial bias within the patent and trademark systems.
- Championing diverse representation in STEM fields and intellectual property professions.
As we celebrate Dr. King’s legacy, let us remember that the fight for intellectual property justice is integral to realizing his vision of a just and equitable world. By dismantling barriers and fostering inclusion, we can empower all minds to dream, innovate, and contribute to a brighter future for all. By taking action, we can ensure Dr. King’s dream continues to inspire and guide us towards a more inclusive and equitable intellectual property landscape.