Traditional Music through the Lens of Copyright

Abstract

India is a country rich in cultural heritage and has in its repertoire a vast pool of folk songs. Music composers not alone from India, even from the West are now looking at and using the folk songs of India in their compositions. In the quest to compose music that is pleasing to the ear, present day composers are now using traditional music in their compositions. The holder/community who has composed the traditional music is neither given any credit nor are they compensated. India does not have in place an effective legal system to protect traditional music. The absence of an effective legal protection for traditional music is a ruse for the composers who appropriate the music of the traditional community. Though some countries consider traditional music as common heritage, many countries including India are yet to evolve any legislation for ensuring that the traditional music is not used without acknowledging the stake holders. The work is intended to inform the readers of the importance of traditional music and its rampant use without permission. The article canvasses for a formal legal clothing for traditional music which will ensure an adequate recompense for the holders of the traditional music.