Copyrights Law in Sri Lanka
Sri Lanka's copyright law is primarily governed by the Intellectual Property Act, No. 36 of 2003, which replaced the earlier Code of Intellectual Property Act, No. 52 of 1979. This Act aligns with international standards, including the Berne Convention for the Protection of Literary and Artistic Works, to which Sri Lanka has been a signatory since 1948
📚 Scope of Copyright Protection
The Act protects original intellectual creations in the literary, artistic, and scientific domains, encompassing
Books, pamphlets, articles, and computer programs
Speeches, lectures, and sermons
Dramatic and musical works
Musical compositions
Audiovisual works
Architectural works
Photographic works
Works of applied art
Illustrations, maps, and scientific works
However, ideas, concepts, principles, official texts of a legislative, administrative, or legal nature, and news of the day are excluded from protection.
Standard Works: Protected during the lifetime of the author plus 70 years after their death.
Anonymous or Pseudonymous Works: Protected for 70 years from the date of publication.
Works of Applied Art: Protected for 25 years from the date of creation.
Audiovisual Works: Protected for 70 years from the date of publication.
⚖️ Economic and Moral Rights
Economic Rights: Allow the copyright holder to:
Reproduce, translate, adapt, and distribute the work
Publicly display, perform, and broadcast the work
Import copies of the work
Moral Rights: Include the right to attribution, the right to object to distortion or mutilation of the work, and the right to withdraw the work from circulation under certain conditions.
⚠️ Copyright Infringement and Penalties
Infringement of copyright can lead to both civil and criminal penalties. The courts have the authority to grant injunctions, order the impounding and destruction of infringing copies, and award damages. Criminal charges may result in fines or imprisonment, depending on the severity of the infringement.
🌐 International Treaties
Sri Lanka is a member of several international treaties, including:
Berne Convention
World Trade Organization (WTO)
World Intellectual Property Organization (WIPO)
Patent Cooperation Treaty (PCT)
Trademark Law Treaty (TLT)
Marrakesh VIP Treaty
These memberships facilitate the protection of Sri Lankan works internationally and ensure that foreign works are protected within Sri Lanka.
📝 Copyright Registration
While copyright protection is automatic upon creation, authors may choose to register their works with the National Intellectual Property Office (NIPO) of Sri Lanka to establish a public record of their work. The registration process involves submitting:
A declaration of copyright
Two copies of the work
Proof of authorship
Written consent from co-authors or co-owners, if applicable
Notarized identification documents
A power of attorney, if the application is made by an authorized representative
📌 Additional Information
Freedom of Panorama: Sri Lanka does not have a specific provision allowing the reproduction of architectural works located in public places for commercial purposes without permission.
Fair Use: The Act permits certain uses without authorization, such as private reproduction, short quotations, teaching purposes, and preservation by libraries and archives.
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