Selected year snapshot
For 2024, the active event in this file is Intellectual Property (Amendment) Act, No. 8 of 2022.
100%
Current rationale
The Intellectual Property (Amendment) Act No. 8 of 2022 amended the principal Act (No. 36 of 2003). Based on the WIPO Lex record and available summaries, the 2022 amendment primarily addressed enforcement provisions, border measures, and penalties for IP infringement. The core fair use provision in Section 11 and the library exception in Section 12 do not appear to have been materially altered by this amendment. The general fair use exception for scholarship and research remains in force and continues to be the most permissive exception. Classification remains GREEN. However, the full text of the 2022 amendment could not be retrieved verbatim via web search, so this assessment is based on the WIPO Lex record and the absence of any indication that Sections 11 or 12 were amended.
Exceptions considered
General fair use exception for purposes including scholarship or research — unchanged by 2022 amendment.
Library/archive preservation copying — unchanged by 2022 amendment.
Library/archive copying of articles/short works for study, scholarship, or private research — unchanged by 2022 amendment.
Law changes
Code of Intellectual Property Act, No. 52 of 1979
Baseline · Effective 1990-01-01
100%
Relevant section: Section 13
Dates: Effective 1990-01-01 · Enacted 1979-08-08
Why this score
Section 13 provides a general fair use exception open to any user, any work, and any type of use ('fair use of a work, including such use by reproduction in copies') for purposes including 'scholarship or research.' The word 'use' is not limited to reproduction — it covers any exclusive right. The four-factor test (modeled on US fair use) does not restrict the exception to private or personal use, nor to specific institutions, nor to specific categories of works. The phrase 'including such use by reproduction in copies' indicates reproduction is included but not the only permitted use, meaning sharing/communication could also qualify as fair use. This is an open-ended fair use clause covering all three dimensions (uses, works, users) for research purposes, warranting GREEN. The non-commercial factor in 13(2)(a) is a consideration in the balancing test, not a restriction — this is classification-neutral per the rules.
Exceptions considered
General fair use exception for purposes including criticism, comment, news reporting, teaching, scholarship, or research. Open to any user, any work, any use. Four-factor balancing test applies.
Ephemeral recordings by broadcasting organizations — not directly relevant to research copying.
Original text
13. (1) Notwithstanding the provisions of section 10, the fair use of a work, including such use by reproduction in copies, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, shall not be an infringement of copyright. (2) In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include— (a) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; (b) the nature of the copyrighted work; (c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) the effect of the use upon the potential market for, or value of, the copyrighted work.
Source links
Intellectual Property Act, No. 36 of 2003
Relevant update · Effective 2003-04-01
100%
Relevant section: Section 11, Section 12
Dates: Effective 2003-04-01 · Enacted 2003-04-01
Why this score
The Intellectual Property Act No. 36 of 2003 repealed and replaced the Code of Intellectual Property Act No. 52 of 1979. Section 11 carries forward the general fair use exception substantially unchanged from the former Section 13. It remains open to any user, any work, and any type of use ('fair use of a work including such use by reproduction in copies or by any other means specified by that section') for purposes including 'scholarship or research.' The phrase 'or by any other means specified by that section' (referring to Section 9 which lists the exclusive rights including communication to the public) confirms that the fair use exception covers not only reproduction but also other exclusive rights. Section 12 adds a library/archive exception for reproduction of articles/short works for study, scholarship, or private research — this is narrower (PURPLE/ORANGE) but does not reduce the overall classification because Section 11 is more permissive. Classification remains GREEN.
Exceptions considered
General fair use exception for purposes including criticism, comment, news reporting, teaching, scholarship, or research. Open to any user, any work, any use (reproduction and other means). Four-factor balancing test.
Library/archive reproduction of one copy for preservation or replacement of lost/destroyed copies.
Library/archive reproduction of one copy of an article or short work/extract for a natural person for study, scholarship, or private research, subject to conditions including no available collective licence.
Original text
11. (1) Notwithstanding the provisions of section 9, the fair use of a work including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship or research, shall not be an infringement of copyright. (2) In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include— (a) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; (b) the nature of the copyrighted work; (c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) the effect of the use upon the potential market for, or value of, the copyrighted work. 12. (1) Notwithstanding the provisions of section 9, the following acts shall be permitted without the authorization of the author or owner of copyright— (a) the reproduction, in one copy, of a work by a librarian or archivist, where the copy is made in order to preserve or replace the said copy, or to replace a copy that has been lost, destroyed or rendered unusable in the permanent collection of another similar library or archive, if it is impossible to obtain such a copy under reasonable conditions; (b) the reproduction, in one copy, of an article published in a periodical or of a short work or short extract of a work, by a library or archive, where the copy is made in order to satisfy the request of a natural person, provided that— (i) the library or archive is satisfied that the copy will be used solely for the purposes of study, scholarship or private research; (ii) the act of reproduction is an isolated case occurring, if repeated, on separate and unrelated occasions; and (iii) there is no collective licence available, that is, a licence offered by a collective administration organization of which the library or archive had knowledge, under which such copies can be made.
English rendering
11. (1) Notwithstanding the provisions of section 9, the fair use of a work including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship or research, shall not be an infringement of copyright. (2) In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include— (a) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; (b) the nature of the copyrighted work; (c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) the effect of the use upon the potential market for, or value of, the copyrighted work.
Source links
Intellectual Property (Amendment) Act, No. 8 of 2022
Relevant update · Effective 2022-03-10
100%
Relevant section: Section 11 (as amended)
Dates: Effective 2022-03-10 · Enacted 2022-03-10
Why this score
The Intellectual Property (Amendment) Act No. 8 of 2022 amended the principal Act (No. 36 of 2003). Based on the WIPO Lex record and available summaries, the 2022 amendment primarily addressed enforcement provisions, border measures, and penalties for IP infringement. The core fair use provision in Section 11 and the library exception in Section 12 do not appear to have been materially altered by this amendment. The general fair use exception for scholarship and research remains in force and continues to be the most permissive exception. Classification remains GREEN. However, the full text of the 2022 amendment could not be retrieved verbatim via web search, so this assessment is based on the WIPO Lex record and the absence of any indication that Sections 11 or 12 were amended.
Exceptions considered
General fair use exception for purposes including scholarship or research — unchanged by 2022 amendment.
Library/archive preservation copying — unchanged by 2022 amendment.
Library/archive copying of articles/short works for study, scholarship, or private research — unchanged by 2022 amendment.
Source links
Intellectual Property Act, No. 36 of 2003 (as amended by Act No. 8 of 2022)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Section 11, Section 12
Dates: Effective 2025-01-01
Why this score
As of 2025, the Intellectual Property Act No. 36 of 2003 (as amended) remains the governing copyright statute in Sri Lanka. Section 11 provides a general fair use exception that is open to any user, any type of work, and any type of use (reproduction and other exclusive rights) for purposes including 'scholarship or research.' This is an open-ended, US-style fair use provision with a four-factor balancing test. It covers: (1) Uses — reproduction and 'any other means specified by [section 9],' which includes communication to the public, distribution, etc.; (2) Works — all types of copyrighted works without exclusion; (3) Users — any person, not restricted to individuals or institutions. Section 12 provides additional library/archive exceptions but is narrower and does not determine the classification. There is no TDM-specific exception in Sri Lankan law. The non-commercial factor in Section 11(2)(a) is a balancing consideration, not a restriction, and is classification-neutral. Classification: GREEN.
Exceptions considered
General fair use exception for purposes including criticism, comment, news reporting, teaching, scholarship, or research. Open to any user, any work, any use (reproduction and other means). Four-factor balancing test.
Library/archive reproduction of one copy for preservation or replacement of lost/destroyed copies in permanent collections.
Library/archive reproduction of one copy of an article or short work/extract for a natural person for study, scholarship, or private research, subject to conditions.
Original text
11. (1) Notwithstanding the provisions of section 9, the fair use of a work including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship or research, shall not be an infringement of copyright. (2) In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include— (a) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; (b) the nature of the copyrighted work; (c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) the effect of the use upon the potential market for, or value of, the copyrighted work.