Copyright and Traditional Cultural Expression in Ponniyin Selvan II: A Study of A. R. Rahman’s Music

Abstract

The article specifically focuses on the overlap between Indian copyright law and protection of Traditional Cultural Expressions (TCEs) in modern Indian cinema, and with particular reference to the musical compositions of Ponniyin Selvan II by A. R. Rahman. Although the Copyright Act, 1957, protects authorship and originality, it still lacks sufficient capacity to tackle the challenges of adapting and commercialising culturally connoted traditional forms. The author of this research primarily focuses on the grey area, namely, the lack of a clear legal criterion for determining when the introduction of TCEs in film music constitutes a lawful creative adaptation rather than cultural appropriation or misappropriation. Although current literature addresses copyright protection and traditional cultural folklore, there is a notable gap in the study of their intersection in cinematic works within the Indian context. This paper doctrinally situates TCEs within the frameworks of originality protection, fair dealing, and moral rights. It also examines international mechanisms, including the ongoing negotiations at the World Intellectual Property Organization (WIPO) concerning TCE protection. Using the musical score of Ponniyin Selvan II as a case study, the paper demonstrates how A.R. Rahman’s compositions are influenced by classical Tamil music and devotional themes, raising critical questions about possession, attribution, and communal rights.