The creative economy is highly complex as it is built on ancient cultural heritage and traditions hence it is vital in the present day and age to motivate the innovators of the creative economy in order to promote and preserve the cultural diversity and heritage of all humanity. The creative sector has not only withstood the test of recession of the global economy but also emerged as a strong support during the crisis. It is one of the most dynamic sectors of world commerce. It is, therefore, predominantly of utmost importance for the developing nations to develop policies and appropriate laws to support the creative economy, as it contributes to the creation of jobs, and empowering youth and women.
The creative industries in India is still at a budding stage mainly because, despite having colossal cultural diversity, our national strategies have not yet incorporated the idea of creative economy.
The more essential question is can we safely say that Intellectual property right and Copyright will allow protection to the existing cultural and creative industries? Is this the reason why the focus of skill development in India is primarily sectors like Automobiles, manufacturing, construction and IT. Of the 21 high-growth sectors identified by National Skill Development Corporation (NSDC) to provide expanded employment, only 4 industries fall under the creative sector domain. These are:
I. Textiles & Garments;
II. Gems & Jewellery;
III. Handlooms & Handicrafts, and
IV. Media/Entertainment/Broadcasting/Content Creation and Animation.
We need to analyse how IPRs are largely vital to the creative economy and the ways in which our present Copyright laws are, it does not show adequacy to allow a proper outline and thereby impacting on the creative industry.
For instance, though the original creators of works are protected by copyright, and their heirs, have certain basic rights. But many a times creative works protected by copyright require mass distribution, communication and financial investment for their propagation such as publications, sound recordings and films. Hence, creators often sell the rights to their works to individuals or companies best able to market the works in return for adequate compensation. Copyright protection extends only to expressions, and not to ideas, procedures, names, passages, titles, methods of operation or mathematical concepts. It provides copyright to the author but not to the publisher. Only a videotaped choreographic work can have Copyright sanction. Fashion, as a creative art does not come under Copyright protection.
The aim of the intellectual property system is to encourage the creative activity of local artists and businesses and supports the transformation of this activity into products that reach the market, both local and global. Supporting domestic creators and entrepreneurs engaged in the creation, production, marketing, broadcast or distribution of creative works is a key step on the way to cultural vitality and economic prosperity.
Therefore, in order to promote the Creative Sector in India there is dire need of such laws which can protect the creativity and originality.