The law of intellectual property has traditionally operated as a regulatory system that shapes markets. However, its reach has come to extend even further into the structure of collective memory. This article argues that the public domain must not be thought of as a secondary category, an afterthought in legislation, or the remainder left over after private rights have been circumscribed. Instead, it is constitutional-cultural infrastructure, the legal condition that makes possible the creation of collective memory. Digital technologies, training algorithms, digital rights management, and platform-controlled distribution have placed this infrastructure under constant and deliberate pressure. Using theories of collective memory and the chief philosophical rationales for intellectual property protection, this article will show that when technological control overreaches statutory limits, it does not simply limit access to cultural works but rather privatizes memory. The article goes further to inculcate the application of aforementioned theories in the Indian Context with assistance from cases such as Shreya Singhal, Puttaswamy etc and with reference to article 19(1)(A). The normative implications are profound: a legal system that allows the permanent lock-down of collective knowledge threatens to destabilize the very cultural environment from which all creation emerges.