An Analysis on Protection and Recognition of Folklore as an Intellectual Property with Special Reference to the States of Tamil Nadu and Andhra Pradesh

Abstract

The research examines the recognition and protection of folklore as intellectual property (IP), with an exclusive focus on the States of Tamil Nadu and Andhra Pradesh. The preservation of a community's rich history and identity depends heavily on folklore, which includes traditional cultural expressions (TCE). However, it has frequently been the victim of theft, exploitation, and neglect and this necessitating the creation of legislative frameworks to protect its interests. It examines pertinent national and international legal frameworks, such as the WIPO (World Intellectual Property Organisation), the Copyright Act of 1957, etc and suggests the legal framework for the folklore protection in India. Folklore practises in Tamil Nadu and Andhra Pradesh were chosen as case studies. The study looks at the various types of folklore performed in these States. Further, it inspects governmental programmes, cultural organisations, and neighbourhood-based initiatives focused at safeguarding and advancing folk customs. The research also takes into account difficulties with recordkeeping, community involvement, and striking a balance between the rights of individual artists and interest of a community as a whole and sharing of benefits. The study also explores how folklore contributes to the socioeconomic advancement of the individual states. It emphasises how effective preservation and acknowledgment of folklore as an IP may foster cultural tourism, creative businesses, and community empowerment and highlights the significance of establishing a balance between upholding communities' cultural rights and fostering innovation and creativity. The ultimate goal of this study is to get deep understanding of the various folklore in the states of Tamil Nadu and Andhra Pradesh and to recognize folklore as an IP and to protect the same.