Section 40 — Copyright Act: No injunction in case of a building

Where the construction of a building or other structure that infringes or that, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright is not entitled to obtain an injunction in respect of the construction of that building or structure or to order its demolition. Sections 38 and 42 do not apply in any case in respect of which subsection (1) applies.