Preserving Folklore and Traditional Knowledge in Cinema
By Gnanaa Soundar K & Raja Ishwarya B, SASTRA Deemed University; Thanjavur, Tamil Nadu*.
Abstract
India’s cultural heritage is woven with vibrant expressions of Traditional Knowledge (TK) and folklore, manifested in rituals, art, music, dance, and indigenous practices. These intangible assets embody the identity, wisdom, and values of diverse indigenous communities. In Indian cinema, filmmakers frequently draw upon traditional folklore and symbols, which enhances storytelling but often raises issues of cultural misrepresentation and exploitation.
The Indian Copyright Act, 1957, however, remains insufficient in providing legal protections for indigenous cultural expressions, leaving them vulnerable to misappropriation and misuse. This article explores the legal challenges that hinder effective safeguarding of TK in cinema, scrutinizes existing international frameworks, and proposes a model for legal reforms tailored to India’s context.
Keywords: Traditional Knowledge (Tk), Folklore Protection, Cultural Misappropriation, Indian Copyright Act, Indigenous Rights, Community-Based Licensing, Moral Rights, Cultural Appropriation, Legal Reform, Sui Generis System.
* The authors are final year, BBA. LL.B. (Hons.) students at SASTRA Deemed University; Thanjavur, Tamil Nadu.
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