non-profit
Free Our Art, a new non-profit dedicated to safeguarding First Amendment creative freedoms for artists, has officially launched with widespread support from major arts advocacy groups and creative industry leaders.
The nonprofit focuses on the growing trend of creative works being used as confessions in court, advocating for state and federal legislation to limit this practice, supporting legal aid for defendants and funding research.
Free Our Art backs legislation establishing a single standard for admitting creative expression as evidence in court. The bipartisan federal Restoring Artistic Protection (RAP) Act was reintroduced in 2023, and states including Georgia, Maryland, Missouri and New York are considering similar bills. This follows cases where courts have overturned convictions due to prejudicial use of lyrics as evidence.
The movement began in the music industry, where artists have faced increasing legal scrutiny, particularly in hip-hop.
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Supporters include the Recording Academy, Black Music Action Coalition, Recording Industry Association of America, Songwriters of North America and SAG-AFTRA, among others. The organization’s leadership includes Harvey Mason jr., Julie Greenwald and Lyor Cohen, with advisory boards co-chaired by advocates and scholars including Dina LaPolt, Willie “Prophet” Stiggers, Dr. Erik Nielson and Lucius Outlaw III.
“RIAA is proud to stand with the creative community supporting free expression,” said Michele Ballantyne, president and COO of RIAA. “Free Our Art stands for responsible, balanced legislative approaches that protect the First Amendment and safeguard and encourage all forms of creative expression while allowing reasonable, limited use of artist works in court only where they are truly relevant and necessary and not being used to inflame and distort the process.”
Mason jr. added: “Music has always been a powerful tool for storytelling and self-expression, and unfairly silencing any genre or form of creativity is a violation against all music people. With the Free Our Art coalition, the Recording Academy will continue leading the fight to protect artists’ right to create freely, without fear of their work being criminalized.”
According to Free Our Art, scholars have documented nearly 700 cases where lyrics, primarily in hip-hop, were used in legal proceedings — with actual instances likely much higher. The group also cites a 2019 study at Arizona State University School of Law that found judges often fail to exclude creative works as character evidence, underscoring the need for legislative action.
Calling an artist’s right to create without fear “non-negotiable,” LaPolt, co-founder of SONA, said that “twisting creative expression into courtroom evidence isn’t just wrong—it’s a blatant attack on our First Amendment rights. This isn’t about one artist or one genre; it’s about protecting every creator from a dangerous legal precedent.”
The issue of lyrics being used in court gained renewed attention following the May 2022 indictment of rappers Young Thug and Gunna on RICO charges, where prosecutors cited song lyrics as evidence of gang affiliation. Young Thug received a 15-year probation sentence, while Gunna was released in December 2022 after pleading guilty to a gang-related charge.
Free Our Art aims to prevent similar cases from unfairly targeting artists based on their creative expression. More information on the organization’s efforts can be found here.
A social impact tech platform long aligned with the music industry has found success at the iconic Red Rocks amphitheater near Denver, raising money and awareness for more than a half-dozen non-profits working with nearly 30 artists and comedians in 2022.
Founded by CEO Brandon Deroche in 2015, Propeller was originally created for the band Incubus to help raise money for their foundation and educate donors about the various nonprofit groups the foundation was supporting, Deroche explains. It was designed to promote “a deeper level of involvement from the fans,” beyond charitable giving, he continues, educating fans on how to support causes by volunteering, advocacy work and contacting their local legislators.
“Fans might have known that a dollar per ticket from the show they attended went to a good cause, but they don’t always know who the organization is and what that organization does,” Deroche says. “It’s a missed opportunity to turn those fans into supporters of that cause. And that’s a big aspect of what Propeller tries to do – provide education and understanding of the different ways fans can take action.”
The goal for many non-profits, Deroche says, is to expand their marketing efforts to a younger audience, which is more difficult to reach in the current media landscape. By working with Propeller, non-profits are able to tap into the active fan bases of many artists, he explains.
The decision to partner with a venue was part of a larger effort to expand Propeller’s footprint and meet different types of audiences and artists. While Deroche was looking for the right venue partner, the city-owned management team behind Denver’s Red Rocks amphitheater was also looking for new charity-based partners to expand the venue’s own impact. After averaging about 80 shows a year for the past decade, Red Rocks had won approval to host 200 concerts in 2022 and was looking for ways to create a more meaningful experience for its growing audience.
“We recognize that artists want to have an impact, and venues do too,” says Brian Kitts, director of marketing & communications at Red Rocks. “When Propeller came along and said they could match the venue with the artist and the organization, we felt like it was the complete package.”
Propeller connected with every performer from the more than 200 concerts at Red Rocks in 2022, offering each the opportunity to support a cause of their choice with special activations including exclusive post-show meet and greets, memorabilia and side stage viewing access. That included an after-party with The Black Keys and Molson Coors for fans who took action to support Save The Music, with 100 winners selected from the audience at Red Rocks and chartered via private shuttle buses to a secret dive bar location.
“They make it really easy for me to show up, participate and raise awareness and a little bit of money for a good cause,” says comedian Bert Kreischer, who gave away free tickets and airfare to see his show at Red Rocks in September in an effort to raise money for Climate Action Now.
Before each show, a short video is shown encouraging fans to take action for the chance to win a ticket upgrade. Propeller also operates an interactive booth with a prize wheel on Red Rock’s upper deck section to engage fans.
In total, Propeller interacted with more than 95,000 music fans and raised $165,784 in its first year, “a very impressive first year here at Red Rocks,” says Kitts.
Propeller covers the costs of the activations and getaways included in the promotions it runs and collects a fee from each charity and non-profit it represents. Deroche says Propeller will be back in 2023 and is looking to expand even further.
“We learned a lot,” Deroche says. “We feel like we barely scratched the surface on what’s possible there. Next year we are looking to go a lot bigger with our efforts and really dive in and apply everything we’ve learned.”
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