The Commercial High Court of Colombo, presided over by Amali Ranaweera, has issued an enjoining order restraining Suresh Maliadda and five others from staging musical performances based on the Sinhala film Rhythm of Guitar, based on the life story of the late Clarance Wijewardena, without the consent of the film’s producer, Art Movies (PVT) Ltd
The order was granted in an action instituted by the producing company of the film, which complained that the Defendants, acting in concert with several parties, had planned and advertised a series of public musical performances in London and other international cities, presenting them as Rhythm of Guitar musical shows, without obtaining the requisite authorization from the producer.
Appearing for the Plaintiff, it was submitted that under copyright law, the economic rights in a cinematographic film vest primarily in the producer. The music director and vocalists, having contributed their services for consideration as commissioned work, do not possess independent rights to publicly perform or commercially exploit the music or concept of the film without the express permission of the producer. It was further contended that the intended performances amounted to a clear infringement of the producer’s copyright.
Having considered the submissions, Court granted the enjoining orders sought, thereby preventing the Defendants from conducting or proceeding with the impugned musical performances.
Ali Sabry, PC, together with Shamith Fernando, Shehani Alwis, and Naamiq Nafath, instructed by Thushara Samanpali Amarasiri, appeared for the Plaintiff producing company.