Enjoining order issued against Santhush Weeraman and three others
The Colombo Commercial High Court has issued an enjoining order against four defendants, including popular music artist Santhush Weeraman and Saregama Music (Pvt.) Limited, for allegedly violating the copyrights of the song ‘Me Bajar Ekata Malli’, owned by renowned award-winning musician, composer and singer Dr. Rohana Weerasinghe.
Colombo Commercial High Court Judge Priyantha Fernando has issued an enjoining order restraining four defendants, including Weeraman, from publishing, advertising, reproducing and selling the song titled ‘Me Bajar Ekata Malli’ on any Internet or social media platforms.
Dr. Weerasinghe, who is the musical composer of the popular song ‘I Bajar Ekata Malli’, had filed a lawsuit in the Colombo Commercial High Court, under Intellectual Property Act No. 36 of 2003, against Saregama Music (Pvt.) Limited, Saregama Films (Pvt.) Limited, Santhush Weeraman and Ceylon Cold Stores PLC, for violating his intellectual property rights.
Plaintiff Dr. Weerasinghe is the musical composer of the popular song ‘Me Bajar Ekata Malli’. The lyricist and vocalist of the song are Prof. Sunil Ariyarathna and Gayan Perera, respectively. The plaintiff states that the song was first released in Sri Lanka on October 23, 2015. The song was created for the film titled ‘Address Na’ (No Address), a film by Jackson Anthony and produced by Janitha Marasingha. Dr. Weerasinghe stated that being the copyright owner of the said song, the plaintiff only granted permission to use the said song solely for the film titled ‘Address Na’.
On or around December 23, 2020, it was brought to the attention of the plaintiff that the said song, which was created by the plaintiff, has been reproduced and distorted by the defendants by uploading the song on their Youtube channel, via the Elephant House Cream Soda Pop Studio Youtube channel, in which the song was sung by an amateur singer named Siyum Sandeep.
Dr. Weerasinghe alleged that the defendants have reproduced the said song for a commercial purpose without any lawful right or permission.
Plaintiff and lyricist of the song Prof. Ariyarathna had made a complaint regarding the said violations of their intellectual property rights to the Outstanding Song Creators’ Association of Sri Lanka (OSCA) to resolve the said dispute but all to no avail.
The two artists Bathiya Jayakody and Santhush Weeraman had sent a letter to OSCA President Jayantha Dharmadasa dated 20.01.2021, in which the ownership of the song being of the plaintiff is acknowledged and the said letter has been in circulation on various social media platforms.
The plaintiff is demanding Rs.25 million as damages from the defendants for the infringement of the plaintiff’s copyright is protected under the Intellectual Property Act.
Attorney-at-law Rukmal Cooray with Vishmi Fernando and President’s Counsel Chandaka Jayasundere, under the instructions of Counsel Lakshika Rathnayaka, appeared for the plaintiff.