IN THE HIGH COURT OF THE WESTERN PROVINCE HOLDEN IN COLOMBO EXERCISING ITS CIVIL JURISDICTION
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- L. Lionel Halwathura, 311/7, Boraluoda, Athurugiriya.
- Kamala Jayalath Halwathura, 311/7, Boralugoda, Athurugiriya.
- Koralage Ashoka Perera, 49/6, Pasalwatta, Rukmale, Pannipitiya.
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PLAINTIFFS
Case No: HC/Civil/60/2006 [03]
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Sirisumana Godage,
carrying on business as a sole proprietorship under the name and style of ‘S. GODAGE AND BROTHERS at No. 675, P. de S Kularatna Mawatha, Colombo 10.
DEFENDANT
BEFORE : -Ruwan Fernando, H.C.J.
COUNSEL: Harsha Cabral, P.C. for the Plaintiffs
Rasika pissanayake for the Defendant
WRITTEN SUBMISSIONS FILED ON : 19.02.2014 & 13.04.2016 (By the Plaintiffs)
08.07.2014 & 13.01.2016 (By the Defendant)
ARGUED ON: 15.07.2016
DECIDED ON: 04.11.2016
The plaintiff instituted this action against the defendant by plaint dated 18.12.2006 seeking inter alia the following reliefs:
a. declaration that the plaintiffs are the owners of copyright of the Science and Technology Textbook for Year 7 annexed to the plaint marked as ”A2” and the Tamil language and English language translations thereof marked as ”A2 a” and ”A2b”;
b. a declaration that the defendant is not entitled to print and/or supply any copies of the Science and Technology Textbook for Grade 7 annexed to the plaint marked as “A2” and the tamil language and english language translation thereof marked as “A2a” and
c. judgment against the defendant in a sum of Rs. 21 Million or such other sum due to the plaintiff on account of the damages suffered by the plaintiffs due to the infringement of the copyright of the Science and Technology Textbook for Year 7 annexed to the plaint marked as “A2” and the Tamil and English language translations thereof marked as “A2a” and ”A2b” together with legal interest from date hereof till the date of decree and thereafter on the decretal amount at the same rate until payment in full;
d. an order for accounting of profits for the Science and Technology Textbook for Year 7 printed and supplied by the defendant to the Ministry of Education in addition to the aforesaid 351,530 Science and Technology Textbook for Year 7;
e. judgment against the defendant in such sums of profits made by the defendant together with the legal interest from the date hereof till the date of decree and thereafter on the decretal amount at the same rate until payment in full; and
f. costs.
This is an action filed by the plaintiff as owners of the copyright infringement by the plaintiffs in respect of the Science and Technology Textbook for Grade 7 (P2). The plaintiffs claim that the defendant had printed and supplied 351,350 copies of the said book without obtaining any licence or assignment of copyright from the plaintiffs and therefore, the said acts of the defendant amount to an infringement of copyright in respect of the said Science and Technology Textbook for Grade 7 (P2).
CONCLUSION
For those reasons, the judgment is entered for the plaintiff against the defendant as follows:
(a) The plaintiffs are entitled to a declaration that they are the owners of copyright in derivative works of the Science and- Technology Textbook for Year 7 marked as P2 and Tamil language and English Translations thereof;
(b) The plaintiffs are entitled to a declaration that the defendants are not entitled to print and/or supply any copies of the derivative works of the Science and Technology Textbook for Grade 7 marked as P2 and the Tamil language and English language translations ‘thereof without licence from the plaintiffs) or assignment of their rights;
(c) The plaintiffs are entitled to recover from the defendant a sum of Rs. 1,746,721.00..as., actual damages from the defendant for infringement of their copyright in derivative works of the Science and Technology Textbook for Year 7 marked as “P2” and the Tamil and English language translations thereof together with legal interest from date of the plaint till the date of decree and thereafter on the aggregate amount at the same rate until payment in full; and
(d). The plaintiffs are also entitled to recover costs from the defendant.