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Singing duo's new album, appeal to Supreme Court

Torana Music Box proprietor yesterday appealed against the Commercial High Court order dismissing the case against singers Bhatiya and Santhush for using the song "Oba ne ada" in their new album "Tharunnaye", before the Supreme Court.

Plaintiff-appellant Sarath Kotalawala of Torana Music Box has cited Bathiya Jayakody of Etulkotte, Santhush Weeraman of Rampart Rd, Etulkotte, Maharajah Entertainment, T.B. Jaya Mawatha, Colombo 10, and Sony Music Entertainment India (Pvt) Ltd., and Sony Music Centre, Mumbai, India as respondents.

Plaintiff claimed that he first introduced the duo to the music world through the production of "Vasanthaye", an audio cassette and a music CD in 1998. In the process, the parties entered into an agreement by which plaintiff had the exclusive rights to produce the said CD and the audio cassette. In terms of the agreement, first and second respondents could neither sell nor record the said songs to any other source.

Plaintiff alleged that the song "Oba ne ada" which was originally sung for the album "Vasanthaye" by the duo had been recorded in their new album called "Tharunnaye," which was produced by the fourth respondent Sony Music Entertainment India (Pvt) Ltd., and to be distributed by the third respondent Maharajah Entertainment, in violation of the said agreement.

The plaintiff stated that he obtained an enjoining order from the Commercial High Court, Colombo, preventing the launch of the "Tharunnaye" album, on May 21, and the sale and distribution of the CD and the audio containing the said song "Oba ne ada".

He stated that defendants took objections regarding the jurisdiction of the court, stating that the plaintiff could not come to court before referring the matter to arbitration, in terms of the Arbitration Act, and the court upheld the objections and dismissed the case.

Plaintiff sought to set aside the Commercial High Court order dismissing the action and to order entertain the said case. (WR)

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