RAP Act reintroduced in Congress

Photo Credit: Chris Grafton

Lawmakers have reintroduced the Restoring Artistic Protection Act (RAP Act) in the United States Congress. Representatives Hank Johnson (D-CA) and Sydney Kamlager-Dove (D-CA) are leading the legislative effort, which aims to prevent the use of artists’ lyrics and creative works as evidence against them in court.

The RAP Act proposes federal restrictions on admitting song lyrics, poems, and other creative expressions as evidence in criminal and civil cases. Its intent is to create a nationwide standard ensuring that a defendant’s art is not mistaken for autobiographical confessions or used to unfairly prejudice a jury.

The bill outlines strict requirements for the introduction of such forms of expression, mandating an evidentiary hearing before a judge. This process would require the prosecution to demonstrate that the art in question has a bearing on the facts of the case and cannot be considered without additional corroboration.

Supporters of the RAP Act claim that prosecutors have too often “weaponized lyrics or other creative works in court,” particularly in cases involving hip-hop and rap musicians. The high profile case against Young Thug and the YSL street gang is just one example of this.

“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,” says Recording Academy CEO Harvey Mason Jr. “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 has pushed for legislative change on the issue for years, supporting similar initiatives in states including California and Louisiana. California’s Assembly Bill 2799 made it the first state in the U.S. to limit the use of rap lyrics and other creative expression as evidence.

The RAP Act failed to pass at the federal level during past congressional sessions. State-level successes in California and Louisiana have added momentum to these renewed efforts. The Recording Academy has highlighted conversations held at events like GRAMMYs on the Hill and Music Advocacy Day, where industry members directly engaged lawmakers.

If passed, the RAP Act would mark a shift in how courts across the United States treat the creative output of artists in legal proceedings. The music industry, advocacy groups, and civil rights organizations are watching closely as the bill progresses, hoping that federal law will soon mirror protections now in place in some states.