Sheela Wijewardhana wins landmark copyright case in Supreme Court

THE Supreme Court has delivered its judgment on 23/05/2025 in SC/ CHC/Appeal No. 04/2013, in favour of the plaintiff-appellant, Sheela Wijewardene (wife of the late Clarence Wijewardene, the veteran musician) against the defendants respondents, Sarath Kothalawala of Torana Music.

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The appeal stems from an action filed in the Commercial High Court by the plaintiff-appellant in 2005 [HC (Civil)/26/2005(3)] alleging that copyright in the lyrics and musical compositions of several songs authored by the veteran musician, late Clarence Wijewardene, has been infringed by the defendants respondents by performing the said songs and producing compact discs incorporating the said songs. The plaintiff-appellant had sought an injunction, damages, and the delivering up of infringing materials against the defendants respondents in the said action filed in the Commercial High Court.

During the pendency of the action in the Commercial High Court, the 2nd defendant-respondent — Rajiv Sebastian had entered into a settlement with the plaintiff-appellant admitting the intellectual property rights of the late Clarence Wijewardene and agreeing to pay Rs. 2,000,000.00 as damages. At the conclusion of the trial, the Commercial High Court granted the permanent injunction in favour of Sheela Wijewardene against the 1st defendant-respondent among other reliefs sought.