Wife of the late popular singer Clarence Wijeywardena has filed an intellectual property right suit against Torana Record Bar and singer Rajiv Sebastian before the Colombo Commercial High Court.
Mrs Sheela Wijeywardena is seeking an order preventing Torana Record Bar from producing, recording and selling her husband`s songs sung by Rajiv Sebastian, without her prior permission. Mrs Wijeywardena, citing Torana Record Bar and Rajiv Sebastian as Defendants, demanded Rs. 20 million as damages.
The Plaintiff, in her plaint, complained that her late husband, Clarence Arthur Wijeywardena, died on December 13, 1996, and at the time of his death, there were over 750 songs to his credit, and he had also directed music for a number of films and teledramas. In 2001, Rajiv Sebastian was allowed to sing several songs at a Clarence Wijeywardena memorial concert, and following this, the Defendant had continued to sing Clarence Wijeywardena`s songs, and had gained financial benefits by producing several compact disks (CD) with the Torana Record Bar. The Defendants had produced CDs titled `Weeduru Mal`, `Sing along with Rajiv Sebastian` and `Reta Sihinen Piyamba`, all songs of Clarence, she claimed.
Mrs Wijeywardena complained that the intellectual property rights, on behalf of Clarence Wijeywardena`s songs, belong to her, and producing CDs with his songs was illegal and violation of the intellectual property rights. She asked for an order to prevent the Defendants from producing, distributing and selling the said CDs.
Commercial High Court Judge A.W.A. Salam issued summons on the Defendants, returnable on January 26, 2006.