Copyright Law And Cultural Appropriation

Salchura Junchisa Marak, LLM, Christ (Deemed to be University)

Dr. Peketi Kasi Visweswara Sita Rama Rao, Christ (Deemed to be University)

ABSTRACT

This study examines the relationship between cultural appropriation and copyright law, focusing on how legal frameworks influence cultural dynamics and can either support or impede such behaviours. Cultural appropriation is the unauthorised use of another culture's intellectual property, expressions, historical objects, and ways of knowing, which can harm mental health and reinforce prejudices. It is often related to colonialism and minority group relations and can be evident in religious practices, dancing routines, dress, symbolism, language, and music. Critics argue that it harms colonial-era inhabitants, Indigenous peoples, and those advocating for communal intellectual property rights. The origins of copyright law date back to the 15th-century printing revolution and the Berne Convention for the Protection of Literary and Artistic Works created in 1886. The digital era has introduced additional issues, and the intricate tapestry of cultural interchange and appropriation parallels the expansion of copyright law.

The research also examines Cultural appropriation and how it can violate copyright rules as it involves incorporating parts of traditional cultural expression (T.C.E.) in one's work without permission or attribution. However, copyright law has restrictions regarding safeguarding T.C.E.s because most T.C.E.s are deemed public domain material. It is crucial to be aware of power relations to ensure that the culture being appropriated is honoured. Concerns about cultural appropriation include cultural exploitation, cultural identity loss, unequal power dynamics, misrepresentation, lack of attribution and compensation, cultural insensitivity, legal ambiguity, defining boundaries, cultural erosion, preservation, controversies, and educational opportunities. Addressing cultural appropriation requires careful thought and balancing of rights and interests.

Keywords: Copyright law. Cultural appropriation, Cultural expressions, cultural dynamics, law and culture.