Protection of Ritualistic Performances and Challenges of Copyright Law in the Digital World: A Case Study of Theyyam

Abstract

With the emergence of digital technology, traditional cultural expressions (TCE) are at risk of misappropriation more than ever in the present times. Any person can easily digitize TCEs and upload the same on internet platforms in no time. Many instances of misappropriation of traditional cultural expressions have been reported repeatedly, such as the creation of music and rhythms using music from the indigenous community by Deep Forest CD. Copyright Act, 1957 protect TCEs like music, dance, artworks to some extent as any TCE which comes under original literary, artistic, musical, or dramatic work can be protected. However, they do not protect rituals explicitly. This paper aims to analyze the challenges digitization brings regarding traditional cultural expressions with a special focus on ritualistic performances. The research uses the case study of Theyyam to highlight the existing regime's gaps, such as inadequacies of fair use doctrine due to the digitization and lack of communal moral rights. The paper explains the protection of rituals as performances under copyright law and the challenges of digitization in the protection of TCEs. The paper presents an empirical analysis to show the gaps in the existing copyright regime. The paper proposes a multi-dimensional approach consisting of law reforms in Copyright Act, 1957, IT Act, 2000 and Personal Data Protection Bill, 2019; policy changes such as the creation of TCEDL and inter-ministerial committee to protect TCEs, and online global user policy based on protocols to protect ritualistic performances in the digital domain effectively.