News
In landmark copyright case, SC rules in favour of wife of Clarence Wijewardene
View(s):By Ranjith Padmasiri
The Supreme Court has ruled in favour of Sheela Wijewardene – wife of the late veteran musician Clarence Wijewardene, against Sarath Kothalawala of Torana Music, in a landmark copyright case.
The appeal stems from an action filed in the Commercial High Court by Ms. Wijewardene in 2005 alleging that copyright in the lyrics and musical compositions of several songs authored by her late husband, had been infringed by singer Rajiv Sebastian and Sarath Kothalawala performing the said songs and producing compact discs incorporating these songs.
Ms. Wijewardene had sought an injunction, damages, and the delivering up of infringing materials against Mr. Wijewardene and Mr. Sebastian in the action filed in the Commercial High Court. While action in the Commercial High Court was still pending, Mr. Sebastian had entered into a settlement with Ms. Wijewardene admitting the intellectual property rights of the late Clarance Wijewardene and agreeing to pay Rs. 2 million as damages. At the conclusion of the trial, the Commercial High Court granted the Permanent Injunction in favour of Mrs. Wijewardene against Mr. Kothalawala.
An appeal was filed in the Supreme Court in 2013 by Mrs. Wijewardene seeking the other reliefs. The Supreme Court has upheld the Commercial High Court’s decision of granting the Permanent Injunction against Sarath Kothalawala.
While the SC has not granted compensation or damages against Mr. Kothalawala, the bench comprising Justices Gamini Amarasekara, Shiran Gooneratne, and Arjuna Obeyesekere, has found that the Commercial High Court had erred in not granting her prayer for the delivering up of infringing material in the possession of Mr. Kothlawala and amended the judgment of the Commercial High Court accordingly. Thus, Mr. Kothalawala has been ordered by the Supreme Court to provide Ms. Wijewardene all infringing material in his possession. The relief granted by the Supreme Court is in addition to the Permanent Injunction granted by the Commercial High Court by its judgment.
Dr. Harsha Cabral, PC, with Attorney-at-Law Kushan Illangatillake, instructed by V.W. Kularatne Associates represented Ms. Wijewardene whilst M.S.A. Wadood, with Palitha Subasinghe, Tharanga Edirisinghe, Hashane Mallawarachchi, and Dulmini Liyanage, instructed by
S.B. Dissanayake Associates, represented Mr. Kothalawala.
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