An Outline of the Copyright Regime in Sri Lanka by Anomi Wanigasekera and Sabeera Shariff
- Hetanshi Gohil
- May 7
- 2 min read
In The Global IP Matrix Issue 21, Anomi Wanigasekera, Partner, and Sabeera Shariff, Senior Associate at Julius & Creasy, Sri Lanka, provide a comprehensive overview of the copyright system in Sri Lanka. Their article not only outlines the legislative framework but also highlights a landmark 2023 Supreme Court ruling that reaffirmed the importance of recognising true authorship in copyright disputes.
The Legal Foundation of Copyright in Sri Lanka
Copyright in Sri Lanka is governed by the Intellectual Property Act, No. 36 of 2003, which offers protection to a wide range of original works including literary, artistic, scientific, derivative works, and databases. The nation is a member of the Berne Convention, ensuring reciprocal protection for Sri Lankan authors in other member countries.
Key characteristics of Sri Lanka’s copyright framework include:
No formal registration system for copyright.
Protection for 70 years after the author's death.
Recognition of economic and moral rights of the creator.
Inclusion of the fair use doctrine, applicable for criticism, commentary, teaching, and research.
However, there are exclusions—ideas, procedures, official legal texts, and daily news reports are not copyrightable under the IP Act.
Landmark Case: Sarasavi Publishers vs. Dharma S. Samaranayake
One of the most significant developments in recent Sri Lankan copyright law came with the Supreme Court judgment in Sarasavi Publishers (Pvt) Ltd v. Dharma S. Samaranayake (2023).
At the heart of the dispute was a culinary book published in 2005. Dharma, a journalist and editor, claimed authorship and sought royalties for six editions allegedly published without her consent. The publisher, however, argued that Chef Publis Silva was the true author and that Dharma was merely paid for editorial work.
Initially, the Commercial High Court ruled in Dharma’s favour, but the Supreme Court overturned the decision, citing misjudgement of Dharma’s actual role. The three-judge bench unanimously held that the original author’s rights—belonging to Publis Silva—were wrongfully denied.
This ruling is a landmark victory for authorship rights in Sri Lanka, particularly for creatives whose contributions are often overlooked or challenged post-publication.
Conclusion
Sri Lanka’s copyright system, though comprehensive, operates in a landscape where judicial interpretation plays a critical role. The Julius & Creasy team’s article sheds light on how legal reforms and landmark rulings are paving the way for better author recognition and protection.
To explore this further, read the full article by Anomi Wanigasekera and Sabeera Shariff in the latest edition of The Global IP Matrix.
This crackdown should serve as a wake-up call to the IP community—reminding all stakeholders that transparency, diligence, and ethics are non-negotiable pillars of a fair and functioning IP system.
For more insights from Anomi Wanigasekera and Sabeera Shariff, read the full article in the latest issue of The Global IP Matrix.
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