Counsel representing Singer Nalin Perera of the Marians musical group told the Commercial High Court last week that the wife and daughters of popular yesteryear singer H.R Jothipala is not entitled to any claim as they do not hold the rights to his songs.
According to Section 17 of the Intellectual Property Act, the author, composer or the melodic composition is entitled to claims. Jothipala was merely a performer of the songs, the counsel told the courts.
Perera’s counsels made these submissions in the case filed by the late H.R. Jothipala’s wife Blossom, daughters, Varuni Wilochana, Krishni Narmada, Ayomika Regina, Esther Shamaline. Singer Jothipala’s wife and daughters are claiming Rs. 100 million as compensation from Nalin Perera.
According to their plaint, Perera had organised musical shows displaying late Jothipala’s cutouts and performed his songs for monetary gain without the permission of the plaintiffs.
The plaintiffs stated that Nalin did not have a right to organise musical shows without the plaintiffs’ permission. The plaintiffs prayed for an injunction to stop the defendant’s activities.
Plaintiffs stated that they hold the intellectual property rights of the late singer even after 25 years of his death.
The case will be taken up before High Court Judge Presenth de Silva on October 28 to decide whether to issue or refuse the injunction. Tharindu Rajakaruna and Chinthaka Fernando appeared for the plaintiffs instructed by Nalin Samarakoon, President Counsel. Dinal Phillips, U. Jayasinghe and Nilantha Sirimanne appeared for Nalin Perera instructed by Vidanapathirana Associates.