The assignment of copyright by an author remains valid unless explicitly revoked in accordance with statutory requirements; acquiescence does not bar copyright claims when infringement is ongoing.

JUDGMENT

G.Radha Rani, J. - This appeal is filed by the appellant who is the defendant No.2 aggrieved by the judgment and decree dated 07.02.2018 in O.S.No.419 of 2008 on the file of the XI Additional Chief Judge, City Civil Court, Hyderabad.

2. The parties are hereinafter referred as arrayed before the trial court.

3. The respondent No.1 is the plaintiff. The plaintiff filed the suit seeking permanent injunction restraining the defendants from using, publishing, printing and passing off the copyright works titled as "My country, My people" (modern epic) "Naa-desham Naa-prajalu" and other related literary works written by late Sri G.Seshendra Sharma, who was the father of the plaintiff claiming that the plaintiff was the absolute owner of the copyright works of his father and claimed notional damages of Rs.50,000/- towards loss of income and loss of reputation along with costs of the suit.

4. The contention of the plaintiff was that he was the second son and last child of late Sri G.Seshendra Sharma and Smt.Janaki. Late Sri G.Seshendra Sharma was a famous Telugu poet and writer whose works zxwere well identified and were translated into several languages and received innumerable accolades by other academicians, his brethren, the public and literary societies alike during his lifetime. Late Sri G.Seshendra Sharma's works were known for their literary value and public response. Late Sri G.Seshendra Sharma was famously called as Guntur Seshendra Sharma. Out of his love and affection, late Sri G.Seshendra Sharma assigned the copyright works in the literature created by him vide letter dated 02.12.1989 to the plaintiff and transferred all the literary works done by him to the plaintiff. As such, the plaintiff was the sole proprietor of all the literary works written by his father late Sri G.Seshendra Sharma. The plaintiff's father did not retain any rights with him and all rights were transferred to the plaintiff. Pursuant to the letter dated 02.12.1989, the plaintiff had been publishing the books written by his father late Sri G.Seshendra Sharma. The first book was published in the month of April, 1995 titled as "Entakaalam Ee Endamaavulu". The plaintiff had also published the copy of the letter dated 02.12.1989 in the said book. Accordingly, the plaintiff published eight other books titled as "Sahitya Darshini", "Sorabu", "Swarna Hamsa", "Vachindi Votla Rutuvu", "Shodashi, Secrets of Ramayana", "Shabdam nunchi shatabdam varaku" and "Oohalo" containing the original works as well as translation of works written by his father. On 30.05.2007, the plaintiff's father late Sri G.Seshendra Sharma expired. Subsequent to his father's death, the plaintiff published his father's books posthumously beginning with a book titled "Naa Desham - Naa Prajalu", Adhunika Itihasam, "My Country -My People", modern Indian Epic in the month of October, 2007.

4.1. The plaintiff further submitted that late Sri G.Seshendra Sharma survived by his wife Smt.Janaki and other children. On 26.11.2007, there was a public notice issued in the newspaper, "Times of India" and in "Andhra Jyothi" by Smt.Rajkumari Indira Devi Dhanrajgir claiming as wife of late Sri G.Seshendra Sharma and as the owner of the copyright works, and that the same were transferred to her by virtue of letter dated 05.01.2006. The plaintiff issued a reply to