Preserving Folklore and Traditional Knowledge in Cinema

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.

Publication Details

Journal
Knowledge Commons (Lakehead University)
Published
2024-12-10
DOI
https://doi.org/10.17613/st1gv-x3p02
Primary Topic
South Asian Cinema and Culture
Type
article
Field-Weighted Citation Impact
0.00
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article

Preserving Folklore and Traditional Knowledge in Cinema

Knowledge Commons (Lakehead University)
South Asian Cinema and Culture
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Preserving Folklore and Traditional Knowledge in Cinema

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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.

Knowledge Commons (Lakehead University)
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Openalex Percentile: Top 37%
South Asian Cinema and Culture
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