Legal Protection of Indigenous Music: Challenges and Opportunities in India

Abstract

India's rich and diverse cultural heritage finds its deep roots in the traditional practices of its indigenous societies and music plays a central role in upholding their identity and collective knowledge. It is passed orally down the generations and is a critical component of the country's intangible cultural heritage. But in cultural significance its music is constantly under the threat of commoditization, unauthorized commercial use and cultural misappropriation. India's prevailing intellectual property system and its Copyright Act 1957, mainly stresses the theory of individual authorhood and fails to recognize the concept of collective ownership that characterizes indigenous artistic productions. This gap leaves traditional music ineffective and provides external players the opportunity to use, modify and capitalize on it in turn, either in ignorance of or in disregard the respective community’s consent and equitable sharing of benefits. This Study aims to examine the weaknesses in current legal system in the protection of indigenous music and examine options of legal and policy reform. It emphasizes the imperative of a more inclusive legal instrument that upholds the collective interests of indigenous peoples and encourages equitable access of traditional music to future generations.