Protecting Collective Cultural Heritage & Individual Creative Workage

Objective

Strategy / Mechanism

Notes / Limitations

Protecting traditional songs / community heritage

Document in writing or audio/video, maintain archives and metadata about community origin and custodianship.

Create customary/community protocols for use (e.g. require attribution, permission, benefit-sharing)

Use licensing contracts when third parties want to use traditional songs (e.g. in films) - grant a license but retain control.

Use collective or community trademarks or geographical indication (GI) if the music is strongly associated with a region or community identity. 

Though this doesn't in itself grant legal rights, it helps in asserting claims and persuasion in negotiations.

Can be formalized via a community decision-making body or trust.

E.g. grant a nonexclusive, time-

limited licence for use in a film, with conditions (credit, royalties, usage restrictions).

GI works more for goods (products); for music the fit is tricky. But

sometimes community names or logos may be trademarked.

Protecting their individual works

Register the copyright (though not mandatory registration gives prima facie evidence).

Use clear, written agreements when granting rights to others (licenses or assignments)

Assert moral rights (credit, integrity) in contracts or as statutory right

Enforce their rights via notices → takedowns → litigation if needed

Under Indian law,registration is voluntary;

it helps in enforcement.

(ACC Docket)

Specify scope, term, territory, usage, royalties, etc.

Even after assignment, moral rights survive under Indian law (unless waived). (Kautilya Society, RMLNLU)

(See section 3(e) below)