Section 59 of the Copyright Act, 1957: Restriction on Remedies for Works of Architecture
Section 59 of the Copyright Act, 1957 places a specific restriction on certain civil remedies where construction of a building or other structure has already commenced and the construction infringes, or would on completion infringe, copyright in another work. The provision is part of Chapter XII dealing with civil remedies.
Text and effect of Section 59
Section 59(1): Notwithstanding the Specific Relief Act, 1963, once construction of a building or other structure that infringes, or if completed would infringe, copyright in another work has commenced, the copyright owner is not entitled to an injunction restraining the construction or to an order directing demolition of the building or structure.
Section 59(2): Section 58 does not apply to the construction of a building or other structure that infringes, or if completed would infringe, copyright in another work.
The statutory wording should be read from the current official text of the Copyright Act, 1957. The provision was amended to refer to the Specific Relief Act, 1963 in place of the earlier Specific Relief Act, 1877.
What Section 59 means
Section 59 is a limitation on particular remedies rather than a declaration that architectural copyright cannot be infringed. Its practical effect is that, after construction has commenced, the copyright owner cannot use an injunction under this provision to stop the construction and cannot obtain demolition of the building or structure merely as a copyright remedy.
The section therefore distinguishes between the existence of copyright infringement and the remedies that may be granted in relation to an already commenced building project. Other remedies must be considered under the Copyright Act and the facts of the particular dispute.
Meaning of work of architecture
Under Section 2(b) of the Copyright Act, 1957, a "work of architecture" means a building or structure having an artistic character or design, or any model for such building or structure. Section 2(c) includes a work of architecture within the definition of "artistic work".
Copyright protection for architecture should also be read with Section 13, which identifies the classes of works in which copyright subsists, and Section 52, which specifies acts that do not constitute infringement. In particular, Section 52 contains exceptions relating to paintings, drawings, engravings and photographs of works of architecture and to the display of such works.
Relationship with Section 58
Section 58 deals with the rights of a copyright owner against persons possessing or dealing with infringing copies. Section 59(2) expressly excludes the application of Section 58 to the construction of a building or other structure that infringes, or would on completion infringe, copyright in another work.
Relationship with civil remedies under Section 55
Section 55 sets out civil remedies for copyright infringement, including injunction, damages, accounts and other remedies available by law, subject to the Act. Section 59 operates as a specific statutory restriction in cases involving commenced construction of buildings or other structures.
Official legal resources
- India Code - Copyright Act, 1957
- Copyright Office, Government of India - Copyright Act, 1957
- Copyright Office, Government of India
Related provisions
Last reviewed: 21 September 2026. Readers should verify the current statutory text and amendments from official Government sources before relying on this page for legal proceedings.