Fernando vs Gamlath – sllr 2011 volume 1 page 273

In the case between the widow of the late Mr. C.T. Fernando (Plaintiff) and the broadcaster of the teledrama “Mal Kekulak” (Defendant), the court examined whether unauthorized use and broadcast of the song “Pinsiduwanne” constituted infringement under the Code of Intellectual Property Act No. 52 of 1979. It was held that the Defendant’s public telecast of the musical composition without consent did infringe upon the Plaintiff’s statutory copyright, affirming the inheritable nature of copyright protection for fifty years posthumously. Principles from relevant statutory sections and authoritative English case law on originality and infringement guided the decision, clarifying that unauthorized use of protected work results in actionable infringement and awarding damages as appropriate.

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