Works of Architecture and the Limit on Remedies

In one line

Once a building has been started, no court will stop it or pull it down for infringing copyright, however clear the infringement.

In the wording a student can write in an exam: section 59(1) of the Copyright Act, 1957 provides that notwithstanding anything in the Specific Relief Act, 1963, where the construction of a building or other structure which infringes, or which if completed would infringe, the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of the building or structure or to order its demolition.

Why the law has this at all

Because a building is not a book. A pirated edition can be pulped at the cost of the paper. A half built tower cannot be undone at any proportionate cost.

Because third parties are involved. Contractors, workers, financiers and future occupants all have interests in a building that a printer's stock does not attract.

And because the harm is compensable in money. An architect whose plans were copied has lost a fee, and a fee can be paid.

The provision itself

Section 59(1). "Notwithstanding anything contained in the Specific Relief Act, 1963, where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition."

Section 59(2). "Nothing in section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work."

Broken down

The trigger is commencement. "Has been commenced". Before a single brick is laid, the ordinary law applies and an injunction may be granted. Once construction has begun, sub-section (1) bites.

Two remedies are taken away. An injunction to restrain the construction, and an order for demolition.

Everything else survives. Damages, an account of profits, a declaration, and an injunction against other acts, such as republishing the plans or building a second copy elsewhere.

"Notwithstanding anything contained in the Specific Relief Act, 1963". That Act governs injunctions and specific performance, and section 59(1) overrides it so that a court's ordinary discretion cannot be used to grant what the section forbids.

And sub-section (2) removes the property remedy. Section 58 deems infringing copies and plates to be the owner's property. A building is not to be treated that way, which is why sub-section (2) disapplies it.

What is a work of architecture

Section 2(b). A "work of architecture" means any building or structure having an artistic character or design, or any model for such building or structure.