Sections 58 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 58 treats all infringing copies of a copyright work, and the plates used to make them, as the property of the copyright owner, who may take proceedings to recover them or for their conversion, subject to a proviso. Section 59 limits remedies for architecture: an owner cannot obtain an injunction to stop construction of an infringing building, or an order for its demolition. For a recovery claim or an architectural dispute, our legal dispute resolution team can advise.
Section 58: infringing copies and plates are deemed the property of the owner of the copyright, who may sue for recovery of possession or for conversion, except that there is no remedy for conversion if the opponent proves he was not aware and had no reasonable ground to believe copyright subsisted, or had reasonable grounds to believe the copies or plates did not infringe. Section 59: once construction has commenced, no injunction or demolition order for an infringing building or structure; and section 58 does not apply to such construction.
Section 58: infringing copies as the owner's property
"All infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof".
| Element | Text |
|---|---|
| What is deemed the owner's property | All infringing copies of a work in which copyright subsists; all plates used or intended to be used to produce them |
| Remedies | Proceedings for recovery of possession, or in respect of conversion |
| Who | The owner of the copyright (for this Chapter including an exclusive licensee, see section 54) |
The meaning of "infringing copy" and "plate" is in section 2; see the definitions article.
The proviso on conversion
"The owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves—"
- (a) that he was not aware and had no reasonable ground to believe that copyright subsisted in the work of which the copies are alleged to be infringing copies; or
- (b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.
Three points follow. The burden is on the opponent ("proves"). The two grounds are alternatives ("or"). The proviso removes the remedy for conversion only; the text does not remove the remedy for recovery of possession. Compare the innocent-infringer rule in section 55, which has similar wording.
Example. A printer, Gopal Prints, produces 2,000 unauthorised copies of a guidebook and the plates used to print them. The guidebook's owner may take proceedings for recovery of the copies and plates, which the Act deems to be hers. If a distributor holding some copies proves that he had reasonable grounds for believing they did not infringe, the owner is not entitled to a remedy for conversion against him.
Section 59: works of architecture
Sub-section (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."
The footnote records that the Specific Relief Act, 1963 replaced a reference to the 1877 Act by Act 23 of 1983 (w.e.f. 9-8-1984).
| Element | Text |
|---|---|
| Situation | Building or structure which infringes (or, if completed, would infringe) the copyright in another work |
| Trigger | Construction has commenced |
| Bar | No injunction to restrain construction; no order for demolition |
Two points: the bar applies after commencement, and the text does not cover remedies other than injunction and demolition. Damages and accounts under section 55 are not mentioned in section 59. The text does not say whether it extends beyond a building or structure to other works.
Sub-section (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." So the building cannot be claimed as the owner's property under section 58.
Example. Anita Rao owns copyright in an architectural drawing. A developer starts building a structure that copies her design. Once construction has commenced, section 59(1) means she cannot obtain an injunction to stop it or an order to demolish it. She cannot treat the building as her property under section 58 either. For copyright in architectural works generally, see copyright in architectural works.
Section 58 and section 59 together
| Question | Section 58 | Section 59 |
|---|---|---|
| Subject | Infringing copies and plates | Building or structure infringing another work |
| Owner's remedy | Recovery of possession; conversion | No injunction or demolition once construction commenced |
| Opponent's defence | No conversion remedy if innocent or reasonably believed non-infringing | Not needed; the bar is statutory |
| Interaction | Does not apply to buildings (s.59(2)) | Overrides the Specific Relief Act, 1963 |
Need help recovering infringing copies or in an architectural dispute?
Recovering copies and plates, and understanding what the bar in section 59 leaves open, both depend on timing and proof. Our legal dispute resolution team can assess the position and the next step.
Key takeaways
- Infringing copies and plates are deemed the property of the copyright owner.
- The owner may sue for recovery of possession or conversion.
- No conversion remedy if the opponent proves he was unaware and had no reasonable ground to believe copyright subsisted, or reasonably believed there was no infringement.
- Once construction has commenced, no injunction or demolition for an infringing building.
- Section 58 does not apply to buildings.
Read next
- Section 60: groundless threat of legal proceedings
- Sections 65–66: possession of plates and disposal of infringing copies
- Copyright in architectural works
- Civil remedies for copyright infringement: injunction and damages
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.