A strong public discussion has emerged in Sri Lanka in recent days over copyright in musical works and Collective Management Organisations (CMOs) that collect royalties. Some comments made during media discussions have also led to differing views and confusion among members of the public and the artistic community.
Against this background, understanding the legal position under Sri Lanka’s intellectual property law and relevant international standards has become important.
Under Sri Lanka’s Intellectual Property Act, No. 36 of 2003, the economic rights in a work include the right to authorise its public performance. The economic and moral rights of an author are generally protected during the author’s lifetime and for a further 70 years after death, subject to the provisions of the Act.
In a musical work, the lyricist and composer are key rights holders in relation to the underlying creative work. Singers and musicians also have separate rights as performers. Therefore, the use or public performance of copyright-protected musical works may require the relevant legal authorisation.
The number of members of a CMO does not necessarily correspond to the number of works represented by the organisation. A single songwriter or composer may have created hundreds or thousands of works during a professional career. Copyright interests may also continue through lawful successors and heirs.
The use of music at public venues, including wedding events, also needs to be considered in light of the statutory definition of “public performance”. Under the Sri Lankan Act, making the sounds of a sound recording audible at a place where people outside the normal family circle may be present falls within the definition of public performance.
Therefore, while practical discussions may take place regarding the operation of CMOs, the fees they charge and the distribution of royalties, the legal rights of creators and the use of music in public places should be considered separately under Sri Lanka’s applicable intellectual property law.
