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Traces Of Eternity: Preserving Musical Heritage And Protecting Creators Through IPR




Srinjoy Mukherjee, LL.B., School of Law, Brainware University, West Bengal


ABSTRACT


Music, an eternal instrument of societal ethnicity and mental relevance, has transformed from tribal melodies to digital rhythms, expressing both technological progress and the soul of different realms. However, this development faces increasing threats like piracy, unauthorized duplication, and the loss of creative integrity, which not only endanger individual artists but also threaten the preservation of international musical heritage. Through the former perspective, music’s evolution from ancestral instruments like the Kithara and Shofar to contemporary online media services emphasizes its persistent ethnic significance. It then analyses the legal structures, such as India’s Copyright Act of 1957 and Trade Marks Act of 1999, that save innovation and uplift commercial authenticity. International collaborations like the World Intellectual Property Organization (WIPO) are praised for their role in reconciling global norms through treaties like the Berne Convention and the Patent Cooperation Treaty. WIPO’s contributions in arbitration, mediation, and electronic skill enhancement are shown to entrust creators across borders. Case studies, covering platforms like Spotify and YouTube Music, and enterprises like T-Series, depict how IPR implementation enables monetization, alleviates piracy, and secures creator rights. Essentially, IPRs are not just bare legal tools but are heritage-based custodians. By safeguarding the rights of musicians and facilitating access for worthy consumers and upcoming creators, they help to ensure that music continues to encourage, unite, and refine. This article elucidates the international alliance, policy improvements, and public realization to build a self-reliant and piracy-free innovative environment where musical legacy flourishes and creators bloom.


Keywords: Creator Empowerment, Digital Platforms, Heritage Protection, Intellectual Property Rights (IPR), Legal Frameworks, Music Evolution, Musical Heritage, Piracy Prevention



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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