Kulanatha Senadheera v. Shantha Senadheera and Amal Randeniya – SC C.H.C. APPEAL NO 40/2010-2017

In the case between the widow and daughter of the late Kulanatha Senadheera (plaintiffs) and the 1st and 2nd defendants (named in the proceedings), the court addressed whether copyright and related intellectual property rights in the literary work “නූතන චිත්‍ර කලාවේ රසික සංකල්ප” devolved upon the heirs of the deceased author, and if the publication of a second edition by the 2nd defendant, allegedly authorized by the 1st defendant, infringed the plaintiffs’ moral rights under section 10(1)(a) of the Intellectual Property Act. It was held that copyright did devolve to the heirs; however, the publication at issue adequately identified the original author and did not contravene the plaintiffs’ moral rights under the statute. The decision reaffirmed the principle that copyright is a statutory