The order was made following an action filed by Art Movies (Pvt) Ltd, which alleged that the defendants, acting in concert with several other parties, had planned and advertised a series of public musical performances in London and other international cities under the title 'Rhythm of Guitar', without obtaining the producer’s authorisation.
Counsel for the plaintiff submitted that, under copyright law, the economic rights in a cinematographic film vest primarily in the producer. It was further argued that the music director and vocalists, having rendered their services as commissioned work for consideration, do not hold independent rights to publicly perform or commercially exploit the music or concept of the film without the producer’s express consent. The proposed performances were therefore said to constitute an infringement of the producer’s copyright.
After considering the submissions, the Court granted the enjoining orders sought, thereby restraining the defendants from conducting or proceeding with the proposed musical performances.
Ali Sabry, PC, along with Shamith Fernando, Shehani Alwis and Naamiq Nafath, instructed by Thushara Samanpali Amarasiri, appeared for the plaintiff producing company.
