Research Handbook on Intellectual Property and Creative Industries
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Research Handbook on Intellectual Property and Creative Industries

Edited by Abbe E.L. Brown and Charlotte Waelde

The creative industries are becoming of increasing importance from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.
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Chapter 8: The Creative Industries and intellectual property in India

Yudhishthir Raj Isar

Abstract

The commercial viability of the film and media sectors, and to a large extent of the traditional crafts, as well as a recently emergent and flourishing visual arts sector, has prevented the ‘creative industries’ discourse from acquiring purchase in India and becoming a mobilizing metaphor in the cultural arena as it has elsewhere. In addition, Indian cultural pride focuses on the ‘high arts’ and accords less importance to the industrially produced. By the same token, intellectual property issues have limited salience in India. Although some recommendations have been made pertaining to geographical indicators, traditional knowledge and the creation of a collecting societies few concrete measures have resulted. The Indian Copyright Act of 1957 has been amended, however, in accordance with international trends to broaden the scope of fair use, give greater moral rights to authors and introduce the concept of DRM.

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