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Intellectual Property Rights


THE ROLE OF INTELLECTUAL PROPERTY IN SAFEGUARDING FOLK ART AND CRAFTS FROM THE CURSE OF CRAFT WASHING

December 15, 2024

*Ms. Ananya Mandal

“The true wealth of India lies not in her material riches but in the hands of her village craftsmen, who have for centuries nurtured the beauty of the land through their art.”
— Rabindranath Tagore

INTRODUCTION:

Craft washing is the modern tool that companies have used to grasp a hold on the lives of the artisans and the folk art and crafts of India as well. It is the exploitation of aesthetic traditional folk art and crafts by large organizations by misappropriating, deceiving the consumers, and commercialization. Craft washing is the mass production of folk art and crafts without acknowledging or validating the work of the artisans by way of profit sharing. IPR mechanism plays a vital role in safeguarding folk art and crafts. The IPR mechanism ensures economic stability to craftsmen and the authenticity of folk art and crafts to the craftsmen. The IPR framework is the pathway for the artisans, to preserve their culture, and enjoy their legal and economic rights. This blog aims to analyze the effectiveness of IPR tools in protecting folk art and crafts from the curse of craft washing. The challenges faced in implementing IPR tools in protecting folk art and craft.

THE THREAT OF CRAFT WASHING

Craft washing exploits authenticity, ethnicity, genuineness, and integrity of folk art and crafts. The authentic cultural touch of the craftsmen vanishes in machine-made products produced at a large scale by companies. The machine-made products by large companies deceive the consumers of folk art and crafts by sealing the replica of the authentic folk art and craft leading to a loss of pay of the artisans. Craft washing impacts the financial or economic status of the craftsmen. The works of the craftsmen get overshadowed by the craft-washed products. The artisans being grounded by nature fail to compete with the modern weapon of craft washing by which the companies are capturing the market of craftsmen at large leaving them in despair. Many folk arts and crafts are the victims of craft washing, and some of them are Kantha Embroidery of West Bengal, Warli Art of Maharashtra, and Madhubani painting of Bihar. Kantha Embroidery, this folk art form was being exploited by several fashion organizations. Organizations are using folk art in their work without giving proper recognition to the craftsmen, producing it at a large scale and sealing it at a cheaper price. Warli Art the folk art form of Maharashtra was being exploited by unauthorized use by interior designers. Madhubani art form was exploited in the same manner as the rest.

THE ROLE OF IPR IN PROTECTING FOLK ART AND CRAFT

The role of the IPR mechanism in protecting folk art and craft is pivotal, especially through the Copyright Act of 1957. These IPR tools provide ownership rights to the artisans for their folk art and crafts. Through IPR tools craftsmen can enjoy legal rights to protect their folk art and crafts from getting invaded or infringed. It gives legal rights to the craftsmen to protect their works from getting replicated and sold at a cheaper price in the market. Copyright is one of the IPR tools that provides legal rights to the people for their creative work. It provides rights to the craftsmen to protect their folk art and crafts. Copyright gives full authority to the craftsmen to sell their products. However, copyright is an individual right enjoyed by a particular person, not by the whole community of craftsmen involved in making folk art and crafts.  It gives the legal authority to the craftsmen to preserve their cultural heritage for future generations to cherish.  IPR has tools that can help the craftsmen gain ownership of their folk art and crafts if reform is made in IPR tools.

CASE STUDIES

There are some folk arts and crafts of India that need protection under the IPR mechanism from the threat of craft washing. The folk art and crafts case studies are listed below:

  1. Pashmina Shawls- This is a famous art form of Kashmir that was being carried forward from one generation to another. The pashmina work on the shawls holds an aesthetic value. The pashmina work on the shawls replicates the culture of Kashmir. The craftsmen of this art form generate money from sealing it. However, the popularity of this art form has led to the economic exploitation of the craftsmen. Lots of replicas of this art form are circulating in the marketplace at a cheaper rate leading to loss of the consumers. Hence, this art form needs IPR protection like Copyright so that the craftsmen can have the legal right to preserve the authenticity, originality of the art form and can also protect it from getting craft washed anymore.
  2. Kanjeevaram Silk- This is a very popular traditional art form that has been carried on for generations. So, various IPR tools were used to maintain the authenticity of the product and boost its sales in the market as well. Despite much effort, it loses its authenticity in the hands of craft-washed products. The replica of Kanjeevaram silk was dominating the market as the large organizations were sealing it at a cheaper rate. So, consumers are opting for that only instead of having the original one. It is leading to the financial exploitation of the craftsmen.

CHALLENGES IN IPR IMPLEMENTATIONS

The first and foremost challenge faced in protecting folk art and crafts of India is the implementation and enforcement of IPR tools. Craftsmen being grounded people lack proper knowledge of utilizing IPR rights resulting in economic and cultural exploitation of folk art and crafts of India. Craftsmen from rural background lack legal knowledge and awareness about the modern mechanism of large companies that are destroying their authentic work by making replicas and sealing it at a cheaper rate. Hence, they don’t have the financial stability, to fight against large companies violating their legal rights. Craftsmen also lack knowledge and awareness regarding the existing IPR mechanism. Consumer awareness is one of the other challenges that creates a barrier to implementing the IPR mechanism in safeguarding folk arts and crafts. Consumers often get perplexed in choosing original authentic art forms and machine-made products resulting in financial loss despite available IPR protection.

CONCLUSION

Folk arts and crafts reflect the cultural heritage of India that has been carried forward for several thousand years generation after generation. Hence, safeguarding folk art and craft from the curse of craft washing is necessary with the help of the IPR mechanism. The enforcement of present IPR laws is quite challenging because of a lack of awareness and support from the government and institutions. Legal reforms are needed in both IPR mechanisms and government initiatives to protect the aesthetic value of folk art and crafts of different parts of India preventing the practice of craft washing by large organizations. Proper knowledge of the application of IPR tools should be provided to the craftsmen to help them protect their cultural heritage and economic rights. The preservation and protection of folk art and crafts is essential for the future generation, to help them understand and enjoy their cultural heritage.

REFERENCES:

  1. Rabindranath Tagore, Nationalism 83 (Macmillan 1917)
  2. Nikumbh, M.P.S., Sarkar, S.K. and Bisht, A., A Magnificent Form Of Indian Folk Art: Warli, Madhubani, And Pattachitra (Ilkogretim Online 2021)
  3. Sattar, S., Handloom and Handicraft in India: Clusters and specializations. In Creative Industries in India (Routledge India 2022)
  4. Dev, V.V., An analysis on intellectual property rights in India (Supremo Amicus 2021)
  5. Chaudhary, M., Agarwal, B. and Bhatia, M., Socio-economic condition of small-scale producers in Varanasi: A case of Banaras brocade and saree (Journal of Intellectual Property Rights JIPR 2022)
  6. Yadav, P., Crossroads of Traditional Knowledge and Intellectual Property in India and Thailand (Journal of Intellectual Property Rights JIPR 2024)
  7. Ghose, A. and Ali, S.M., Protection, and Preservation of Traditional Cultural Expression & Traditional Knowledge in Handicraft Industry: Advocating the Need for a Global Cultural Policy Framework. Braz. J. Int'l L., 20, p.473 (2023).
  8. Swarup, S.K. and Rastogi, S., Industrial designs and folklore: A comparative study in Indian perspective. Journal of Intellectual Property Rights (JIPR), 28(4), pp.273-283 (2023).
  9. Herms, A., Pashmina going global: dealing with cultural heritage and authenticity in the Kashmiri shawl business in Mamallapuram, India (Doctoral dissertation, Universität zu Köln) (2021).

Authors:
* Ms. Ananya Mandal
Ph. D. Scholar,
Alliance School of Law, Alliance University.

Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights(ACIPR) and the Centre does not assume any responsibility or liability for the same.