Intersection of Fine Arts and Law in Pakistan: A Multifaceted Analysis

Authors

  • Sania Islam Department of Law, Abdul Wali khan University Mardan. Pakistan

Keywords:

Fine Arts, Law, Pakistan, Intellectual Property, Censorship, Cultural Heritage, Judiciary

Abstract

This research article examines the intricate interplay between fine arts and law within the dynamic context of Pakistan. As a nation with a rich cultural heritage and a diverse artistic landscape, Pakistan provides a compelling backdrop for exploring how legal frameworks influence artistic creation, dissemination, and protection. Through an interdisciplinary lens, this study investigates key dimensions including intellectual property rights, censorship, cultural heritage preservation, and the role of the judiciary in shaping the fine arts landscape. The intellectual property rights (IPRs) regime, governed by the Copyright Ordinance of 1962, amended in 2000, forms the cornerstone of legal protection for artists' works. However, challenges persist in enforcement, particularly in the face of digital advancements and online content proliferation. Moreover, the tension between artistic freedom and censorship, anchored in constitutional guarantees but subject to moral and national security considerations, underscores the complex legal terrain artists navigate.  Preservation of Pakistan's rich cultural heritage presents another critical dimension, with legal mechanisms aimed at safeguarding archaeological sites, monuments, and artifacts. Despite legal provisions, threats such as urbanization pressures and illicit trafficking pose significant challenges to cultural preservation efforts.  The role of the judiciary emerges as pivotal, with landmark cases shaping legal precedents and influencing the balance between artistic expression and societal interests. Yet, questions persist regarding the judiciary's effectiveness in safeguarding artistic freedom while upholding legal and moral standards. This study contributes to a nuanced understanding of the intersection between fine arts and law in Pakistan, highlighting the complexities, challenges, and opportunities inherent in this relationship. By examining legal frameworks, societal dynamics, and artistic practices, this research aims to inform policy discussions, foster dialogue, and promote a conducive environment for artistic innovation and expression in Pakistan

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Published

2022-02-25

How to Cite

Sania Islam. (2022). Intersection of Fine Arts and Law in Pakistan: A Multifaceted Analysis. Traditional Journal of Humanities, Management, and Linguistics, 1(01), 13–22. Retrieved from https://ojs.traditionaljournaloflaw.com/index.php/TJHML/article/view/134

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