CULTURAL LOSS IN THE SHADOW OF COPYRIGHT: PIRACY AND THE PRESERVATION OF LOST MEDIA IN INDIA
AUTHOR – OM KISHORE KUMAR N, STUDENT, LL.M. (ARTIFICIAL INTELLIGENCE, CYBER CRIME & LAW) SCHOOL OF LAW, MS RAMAIAH UNIVERSITY OF APPLIED SCIENCES
BEST CITATION – OM KISHORE KUMAR N, CULTURAL LOSS IN THE SHADOW OF COPYRIGHT: PIRACY AND THE PRESERVATION OF LOST MEDIA IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1116-1127, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/VQUU3183
Abstract
This Paper attempts to examine the relationship between Copyright Law and its role in shaping the cultural memory of India by focusing on how Piracy has today become an informal yet significant mechanism for preserving lost and inaccessible cultural works. As multiple forms of media like, films, TV programs, music and other digital media vanish or degrade due to neglect, format obsolescence, institutional failures, or restrictive rights regimes, Copyright frameworks often concentrate on ownership and commercial control over maintaining cultural access in the long term. In response to this, pirates ranging from informal collectors to online archives have assumed the role of de facto custodians of endangered media. Through the analysis of Indian Copyright Law, media history, and case studies of lost or unavailable works, this paper makes an argument for piracy in the Indian context cannot be viewed as solely as a crime. Instead, it functions within a complex ecosystem of weak archival infrastructure uneven digitization, and economic and linguistic diversity. This study will attempt to highlight the tension between legal frameworks designed to protect creators of copyrighted works and copyright holders and the need to preserve and circulate cultural heritage. Ultimately the paper seeks to bring in a reimagining of the copyright policy and archival practices in India and advocates for preservation-oriented exceptions and public-interest approaches that synchronises cultural continuity with legal protection.