J.D. Fernando v. Wasath Chandrasiri Gamlath – SC CHC 04/2001-2011

In the case between J.D. Fernando (widow of the late C.T. Fernando) and Wasath Chandrasiri Gamlath, the court addressed the issue of alleged copyright infringement concerning the musical composition of the song “Pinsuduwanne.” The court held that unauthorized use of the composition in the teledrama “Mal Kekulak” without the Plaintiff’s consent constituted a violation of intellectual property rights under the Code of Intellectual Property Act No. 52 of 1979. This decision reaffirmed the principle that copyright ownership, when lawfully vested and proved, prohibits reproduction or adaptation of the protected work without explicit authorization. Reliance was placed on statutory provisions governing intellectual property as well as established doctrines concerning originality and passing off,