The Color of Creatorship: Race, Intellectual Property, and the Making of Americans

(Stanford University Press, 2020)

By Anjali Vats

The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property.

Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator.

The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.e harassment, fought racial discrimination, and aligned themselves with the dispossessed. Whether they were themselves straight, gay, or otherwise queer, they brought sexual dissidence and radicalism into conversation at the height of the Left's influence on American culture.

Combining rich archival research with inventive analysis of art and literature, Love’s Next Meeting explores the relationship between homosexuality and the Left in American culture between 1920 and 1960. Aaron S. Lecklider uncovers a lively cast of individuals and dynamic expressive works, revealing remarkably progressive engagement with homosexuality among radicals, workers, and the poor. Leftists connected sexual dissidence with radical gender politics, antiracism, and challenges to censorship and obscenity laws through the 1920s and 1930s. In the process, a wide array of activists, organizers, artists, and writers laid the foundation for a radical movement through which homosexual lives and experiences were given shape and new political identities were forged. Love's Next Meeting cuts to the heart of some of the biggest questions in American history: questions about socialism, about sexuality, about the supposed clash still making headlines today between leftist politics and identity politics. What emerges is a dramatic, sexually vibrant story of the shared struggles for liberation across the twentieth century.