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| Monday, 23 June 2003 |
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Commercial High Court issues enjoining order by Indeewara Thilakarathne Commercial High Court Judge of Colombo K.T Chitrasiri issued an enjoining order against Torana Video Movies and its proprietor Kapila Kumara Kotalawela restraining him from selling and reproducing the tele-drama "Saki Sanda Eliya" which was co-produced by the plaintiffs.The order is valid till June 21,2003. In this case, the plaintiffs, veteran film idol Joe Abayawickrama and his son Channa Abayawickrama have cited Kapila Kumara Kotalawela and his business establishment "Torana Video Movies" as respondents. The plaintiffs state that they decided to produce this teledrama in 2001 and they co-produced a teledrama titled "Saki Sanda Eliyas". According to the plaintiffs, the tele drama become a "work of joint authorship" in terms of Section 6 of the Itellectual Property Act No. 52, 1979. In terms of the agreement reached between the plaintiffs and the Rupavahini Corporation, Rupavahini agreed to pay a sum of Rs. 170,000 per episode. The tele drama was to be telecast in 20 episodes over Rupavahini on Fridays at 8.30 p.m. After 16 episodes were telecast the plaintiff came to know that the defendant was selling the copies of the said teledrama in video cassette form. The 2nd plaintiff went with two of his friends and purchased two video cassettes labelled " Saki Sanda Eliyas" on September 24, 2002. The plaintffs state that this illegal act of the defendant violated their copyrights and economic rights and seek a permanent injunction against the defendant refraining reproduction and selling the copies of the said teledrama in any form. The plaintiffs have also valued this action for a sum of Rs. 10,000,000. Kumar de Soyza with S. Mahawanniarachchi instructed by G.G. Arulpragasam appeared for the plaintiffs. |
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