Intellectual Property Act 2003 · As enacted · Part II
24. Protection of expressions of folklore and damages
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Subject to the provision of subection (4) of this section expressions of folklore shall be protected against—
reproduction ;
communication to the public by performance, broadcasting, distribution by cable or other means ;
adaptation, translation and other transformation, when such expressions are made either for commercial purposes or outside their traditional or customary context.
The rights conferred by subsection (1) of this section shall not apply where the acts referred to therein are related to –
the use by a physical person exclusively for his own personal purposes ;
using short excerpts for reporting current events to the extent justified by the purpose of providing current information ;
the use solely for the purpose of face to face teaching or for scientific research ;
instances referred to in sections 11 and 12, where a work can be used without the authorization of the owner of copyright.
In all printed publications, and in connection with any communication to the public of any identifiable expression of folklore, its source shall be indicated in an appropriate manner and in conformity with fair practice by mentioning the community or place from where the expression utilized has been derived.
The right to authorize acts referred to in subsection (1) of this section shall subject to the payment of a prescribed fee, vest in a Competent authority to be determined by the
Minister.
The money collected under subsection (4) shall be used for purposes of cultural development.
Any person who, without the permission of the
Competent Authority referred to in subsection (4), uses an expression of folklore in a manner not permitted by this section shall be in contravention of the provisions of this section and shall be liable to damages, and be subject to an injunctions and any other remedy as the Court may deem fit to award in the circumstances.
Part III
Part IV
Chapter
Part V