The Concept of Originality as Explored under the Copyright Law of Sri Lanka

Although originality is an essential requirement for copyright protection, it lacks a precise and uniform definition worldwide. This chapter aims to examine the concept of originality as explored under the copyright law of Sri Lanka. Sri Lanka is a country that has a copyright history of more than 180 years. While Sri Lanka follows the British copyright tradition, international copyright law has shaped its copyright law for more than a century. So far, Sri Lanka has had five copyright regimes. This chapter examines how the concept of originality has been construed and defined under these copyright regimes. As it points out, the concept of originality in the copyright law of Sri Lanka has been predominantly influenced by the same notion in British copyright law. It is evident from the available judicial pronouncements that Sri Lankan Courts have consistently followed the British approach to determine originality in copyright law. Accordingly, courts in Sri Lanka have defined originality based on two main characteristics: (a) originality is concerned with how the subject matter has been expressed, and (b) to establish originality, the subject matter should originate from the author.