IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Dharma S.Samaranayake, No.150/1, Moraketiya, Pannipitiya.

SC (CHC) Appeal No.60/2013 Plaintiff HC (Civil) No. 27/2008/IP Vs.

Sarasavi Publishers (Pvt) Limited, No 30, Stanley Thilakaratna Mawatha, Nugegoda. Defendant AND NOW BETWEEN Sarasavi Publishers (Pvt) Limited, No 30, Stanley Thilakaratna Mawatha, Nugegoda.

Defendant- Petitioner/Appellant Vs.

Dharma S.Samaranayake, No.150/1, Moraketiya, Pannipitiya.

Plaintiff- Respondent Before: Murdu N.B. Fernando, PC J.

P. Padman Surasena, J. and A.H.M.D. Nawaz, J.

Counsel: K.G Jinasena with D.K.V Jayanath for the Defendant-Petitioner Asoka Serasinghe with Akalanka Serasinghe for Defendant – Respondent Argued on: 29.01.2021 Decided on: 17.05.2023 Murdu N.B. Fernando, PC. J.

The defendant-appellant (“the defendant”/ “the appellant”) preferred this Appeal against the judgement dated 17^th May, 2013 of the Commercial High Court (“the High Court”).

The High Court by the said judgement recognized the plaintiff-respondent (“the plaintiff”/ “the respondent”) as the author of the book titled “ග්඿ිස්ස හ ෝටලහේ ප්඿ිස් සි්඿වාහේ fy< rgdjg bjq(cid:239) msyq(cid:239)” and went onto hold that the plaintiff Dharma S Samaranayake has the copyright for the said book and that the defendant Sarasavi Publishers (Pvt) Limited has infringed the economic rights of the plaintiff and directed the defendant, Sarasavi Publishers to pay a sum of Rs. 837,500/= as damages to the plaintiff for infringement of her economic rights.

The case presented by the plaintiff, albeit in brief before the High Court was - that the plaintiff, a well-known journalist and the editor of a weekly sinhala newspaper and interested in local culinary methods was instrumental in introducing Publis Silva, a Cook at Mount Lavinia Hotel, (ග්᭗ිස්ස හ ෝටලහෙහි

අරක්කැමිහෙකු) to the female newspaper readers;

- that in 2003 the plaintiff gathered material and information to publish a book on local culinary and that Publis Silva assisted (jHjyd(cid:223)l ස හෙෝගෙ) and supported her by trying out recipes;

- that there was an understanding between the plaintiff and Publis Silva to title the book using the words “ග්඿ිස්ස හ ෝටලහේ ප්඿ිස් සි්඿වා” and hence it was titled “ග්඿ිස්ස හ ෝටලහේ ප්඿ිස් සි්඿වාහේ fy< rgdjg bjq(cid:239) msyq(cid:239)”;

- that chapters one to eleven of the book were compiled with material personally gathered by her through interviews with Publis Silva and others; that for chapter twelve she received positive support (සාධනීෙ ස හෙෝගෙ) from Publis Silva by trying out recipes; that chapters 14,15 and 16 were written and created solely by her and therefore the plaintiff has the copy right of the said book;

- that she requested the Sarasavi Publishers to publish “ග්඿ිස්ස හ ෝටලහේ

ප්඿ිස් සි්඿වාහේ fy< rgdjg bjq(cid:239) msyq(cid:239)”, but did not enter into a formal agreement with the publishing company; that the book was launched on 25^th June, 2005 and she received a sum of Rs 25,000/= as an advance payment for the 1^st edition of the book. A copy of the 6^th edition of the book (not the 1^st) was annexed to the plaint dated 30^th July, 2008 as P1;

- that subsequently she became aware that the defendant had published six editions without her express or implied consent and was getting ready to publish the 7^th edition; that in March, 2008 she demanded royalty for the six editions; the defendant failed to pay her royalty but indicated that the defendant had entered into an agreement with Publis Silva for publication of the said book;

- that Publis Silva cannot write and has not written a single word of the said book and that she is the author of the book; that the defendant publishing company has failed to pay her royalty and thus infringed her economic rights;

- therefore, plaint was filed against the defendant publishing company, inter alia for a declaration that the plaintiff is the author of the book “ග්඿ිස්ස හ ෝටලහේ ප්඿ිස් සි්඿වාහේ fy< rgdjg bjq(cid:239) msyq(cid:239)” and she has the copyright o