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8 January 2023

Moral Rights in U.S. Copyright Law

Moral rights in U.S. copyright law benefit authors or creators of select copyright-protected materials: certain works of visual art. The purpose of moral rights is to attribute the author of a work and protect their reputation.

Economic rights (such as the rights of reproduction and public performance), which are more commonly understood than moral rights, provide creators with control over their copyright-protected materials and a way to earn compensation from exploiting their works.

We're here to help if you're interested in more in-depth information about economic rights, moral rights, and copyright law in general in the U.S.

Moral Rights in International Copyright Law

Moral rights originate from the French droit moral and are often described as being personal to the author or creator of a work.

Moral rights have a long history in international copyright law. Article 6bis of the leading international copyright treaty, the Berne Convention , states:

(1) Independently of the author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.

The 181 Berne member states, including the U.S., must meet the minimum standards set out in Berne, including those for moral rights. Thus, each Berne member state must provide for at least the moral rights of paternity and integrity. Countries are free to go beyond these minimum moral rights and provide further rights, such as the right of association, or the right to withdraw permission to use a work.

Interesting Facts About Moral Rights

Some facts you should know about moral rights:

• In some countries, authors may waive their moral rights (e.g., Canada) whereas in other countries (e.g., France) they may not.
• The duration of moral rights varies from country to country. In the U.S., moral rights expire upon the death of the author, in Canada they generally last 70 years after the author's death, and in France they are perpetual.

Right of Paternity

The right of paternity refers to the author’s right to have their name on a work, to use a pseudonym and to remain anonymous. For example, an author has the right to have their name on the cover of their book (this is true even if they've assigned copyright to someone else). This right is often referred to as the right of attribution.

Right of Integrity

The second component of moral rights, as set out in Berne, is the right of integrity. This is the right of the author to object to any changes to their work that may harm their reputation as an author. Witness testimony about this harm would determine this question of fact in a courtroom.

For example, manipulating a scanned photograph may be a violation of moral rights (the right of integrity), if prejudicial to the honor or reputation of the author of the photograph.

The U.S. amended its Copyright Act to include moral rights when it joined the Berne Convention in 1989. However, while the moral rights set out in Berne are intended to apply to all types of copyright-protected works, the U.S. took a narrower interpretation of the moral rights requirements. In some circles, there is controversy as to whether the U.S. is in fact complying with Berne.

Professor Roberta Rosenthal Kwall states in her book, The Soul of Creativity , that "the United States is out of step with global norms by not recognizing more substantial authors' rights."

In the U.S., various federal and state laws arguably protect moral rights, in addition to explicit protection through an amendment to the U.S. Copyright Act by the Visual Artists Rights Act (VARA) of 1990. Some states, such as New York and California, also have moral rights protection for visual artists.

U.S. Moral Rights Apply to Specific Works of Visual Art

Unlike Berne, VARA protects only one group of authors: visual artists, more accurately those who create “works of visual art.” These works include:

• Photographs, existing in a single copy or a limited edition of 200 or fewer signed and numbered copies

VARA explicitly excludes:

• Motion pictures
• Electronic publications
• Applied art

VARA gives visual artists the right to claim authorship in their work, and to prevent the use of their name in association with a work. In addition, VARA grants artists the right to prevent the intentional distortion, mutilation or other objectionable modification of their works. Artists who qualify for federal moral rights protection can also prevent any destruction of certain works.

Read the moral rights provisions in 17 U.S. Code S 106A, Rights of certain authors to attribution and integrity .

U.S. Moral Rights Waivers and Duration

Under VARA, moral rights are not transferable by license or assignment, but are waivable (in writing). The rights end with the life of the author (unlike economic rights, which endure for 70 years after the death of the author).

Study on U.S. Moral Rights

On 23 January 2017, the United States Copyright Office announced its study on U.S. moral rights for authors. The study focused on the moral rights of attribution and integrity. It examined how the U.S. Copyright Act and other federal and state laws protect these moral rights and whether it's necessary to provide further moral rights protection in the U.S.

On 23 April 2019, the USCO published its report on moral rights. See Authors, Attribution, and Integrity: Examining Moral Rights in the United States . As stated in the report's executive summary, moral rights has not been the topic of major policy focus and this Report is the first comprehensive review in three decades of the moral rights regime in the U.S.

The report calls the U.S. moral rights landscape "complex" and a "patchwork" of protection. It concludes that the patchwork of the Copyright Act's derivative work right, state moral rights laws and contract law is "generally working well and should not be changed." At the current time, "there is no need for the creation of a blanket moral rights statute."

It then goes on to discuss improvements to the moral rights regime in the U.S. and provides a roadmap for doing so. For an interesting regime of moral rights protection, read about Canada's moral rights that include attribution, integrity and association.

You may also be interested in our article Droit de Suite (right to follow), a unique right for artists that exists in some countries' copyright law, ensures that the creator of an artistic work, or their heirs, receives part of the resale value of a physical work of art.

For an in-depth understanding of copyright principles, plus hands-on application of copyright law, see our fully online  Copyright Leadership Certificate  program.

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The concept of “moral rights” refers to certain rights of authors, granted under copyright law and recognized most prevalently in civil law countries.  As defined by the Berne Convention for the Protection of Literary and Artistic Works , an international agreement governing copyright law, moral rights are the rights “to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.”  After the U.S. became a signatory to the Berne Convention in 1989, the U.S. Congress passed the Visual Artists Rights Act of 1990 (VARA), codified at 17 U.S.C. § 106A , granting moral rights in relation to works of visual art, as defined at 17 U.S.C. § 101 .  Several states have passed moral rights laws, such as the California Art Preservation Act, codified at California Civil Code §987 .  Where there are conflicts between such laws and VARA, the state laws may be preempted .

In continental Europe, moral rights are “ inalienable and cannot be transferred or waived .” However, in the U.S., the moral rights applicable to works of visual art “ may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author .”

[Last updated in July of 2020 by the Wex Definitions Team ]

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Moral rights in copyrighted works.

In Canada, in addition to the rights provided under Copyright protection for an artistic, literary, musical or dramatic work, there is another set of associated rights called Moral Rights .

Moral rights are automatic and apply to the first creator or author of a work. Moral rights generally include the following rights :

1) Right of association (e.g. to be identified as the creator or author of a work by name or under a pseudonym) 2) Right to publish a work anonymously  3) Right to the integrity of the work (e.g. cannot be modified from its original form)

Unlike copyright, Moral Rights cannot be assigned to another party, they can only be waived.

For example, if copyright in a work is assigned from the original creator to another party, the Moral Rights will remain with the original creator unless they have waived these rights. Accordingly, when copyright is transferred from the original creator to you, it is important to ensure that the assignment document includes a Moral Rights waiver .

Need a Copyright Assignment & Moral Rights waiver prepared? Contact Sander Law today!

The above content is for informational purposes only and is not legal or professional advice.

Waiver of moral rights

Waiver of moral rights clause samples

2.3. Further Actions; Waiver of Moral Rights. Assignor shall (a) promptly deliver to Assignee all forms and other documents reasonably requested by Assignee to assign, and perfect the assignment of, all rights, title and interest in the Proprietary Software including all Intellectual Property Rights therein or thereto, (b) waive, and hereby does waive, any “moral” rights with respect to the Proprietary Software, including but not limited to rights of attribution and integrity arising from all or any part of the copyrights included in the Proprietary Software, together with all claims for damages and other remedies asserted on the basis of moral rights, and transfers, conveys and assigns unto Assignee any waivers granted to such Assignor of any such moral rights, in each case, to fullest extent permitted by applicable laws, and (c) provide any cooperation and perform any other acts as may be reasonably necessary or appropriate, in the opinion of Assignee’s counsel and at Assignee’s expense, to assign and convey to Assignee all rights, title and interests in the Proprietary Software including all Intellectual Property Rights therein or thereto.

11/16/2020 (GlassBridge Enterprises, Inc.)

(f) Assignment or Waiver of Moral Rights. Any assignment of copyright hereunder (and any ownership of a copyright as a work made for hire) includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights” (collectively, “Moral Rights”). To the extent such Moral Rights cannot be assigned under applicable law and to the extent the following is allowed by the law in the various countries where Moral Rights exist, Employee hereby waives such Moral Rights and consents to any action of the Company that would violate such Moral Rights in the absence of such consent.

12/12/2018 (NEUROONE MEDICAL TECHNOLOGIES Corp)

(b) Waiver of Moral Rights. The Executive irrevocably waives to the greatest extent permitted by law, for the benefit of and in favour of the Corporation, all the Executive’s moral rights whatsoever in the Materials, including any right to the integrity of any Materials, any right to be associated with any Materials and any right to restrict or prevent the modification or use of any Materials in any way whatsoever. The Executive irrevocably transfers to the Corporation all rights to restrict any violations of moral rights in any of the Materials, including any distortion, mutilation or other modification.

09/20/2019 (DIRTT ENVIRONMENTAL SOLUTIONS LTD)

(f) Acknowledgments, Powers of Attorney and Waiver of Moral Rights. All Covered Persons of the Company are expected to sign an agreement or acknowledgment regarding the intellectual property terms set forth herein at the time they become employed with the Company, and from time to time as the Company may amend its intellectual property provisions. All employees are expected to (i) execute powers of attorney in favor of the Company to have the Company execute on the person’s behalf all applications, specifications, oaths, assignments and all other instruments that the Company shall deem necessary in order to apply for them and obtain such rights and in order to assign and convey to the Company and its successors, assigns and nominees sole and exclusive rights, title and interest in and to such Intellectual Property and/or rights relating thereto; and (ii) waive all applicable moral rights under the United Kingdom Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) that the person has or will have in any existing or future Intellectual Property referred to in this Section 10.

04/26/2019 (JNL SERIES TRUST)

(f) Acknowledgments, Powers of Attorney and Waiver of Moral Rights. All Covered Persons of the Company are expected to sign an agreement or acknowledgment regarding the intellectual property terms set forth herein at the time they become employed with the Company, and from time to time as the Company may amend its intellectual property provisions. All employees are expected to (i)execute powers of attorney in favor of the Company to have the Company execute on the person’s behalf all applications, specifications, oaths, assignments and all other instruments that the Company shall deem necessary in order to apply for them and obtain such rights and in order to assign and convey to the Company and its successors, assigns and nominees sole and exclusive rights, title and interest in and to such Intellectual Property and/or rights relating thereto; and (ii)waive all applicable moral rights under the United Kingdom Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) that the person has or will have in any existing or future Intellectual Property referred to in this Section10.

04/26/2019 (EQ ADVISORS TRUST)

(c)No Designation as Inventor; Waiver of Moral Rights. Executive agrees that the Company shall not be required to designate Executive as the inventor or author of any Work Product. Executive hereby irrevocably and unconditionally waives and releases, to the extent permitted by applicable law, all of Executive’s rights to such designation and any rights concerning future modifications to any Work Product. To the extent permitted by applicable law, Executive hereby waives all claims to moral rights in and to any Work Product.

03/02/2021 (Alfi, Inc.)

d. Waiver of Moral Rights. Employee hereby waives any and all moral rights that might otherwise accrue with respect to any Work Product.

08/30/2019 (Sierra Income Corp)

5.3 Waiver of Moral Rights. The Service Provider will obtain from all individuals creating Developments on its behalf an irrevocable waiver of all moral and other similar rights relating to the Developments, including the rights of paternity, integrity and association, and confirms that Kelso may use and modify the Developments for Products and Technology described in Schedule A for any purpose as it sees fit. XXXXX hereby waives (and agrees to waive) all moral and similar rights relating to the Developments for Products and Technology described in Schedule A including the rights of paternity, integrity and association, and confirms that Kelso may use and modify the Developments for any purpose as it sees fit.

11/21/2016 (KELSO TECHNOLOGIES INC)

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The Olympics' History of Controversy

Students choose one of nine past Olympics controversies to research in small groups and share what they've learned with the class.

To the Teacher:

Over the past century, the Olympics have often served as a platform for protest and debate over political events taking in the broader world. The 2014 Winter Olympics in Sochi, Russia have sparked a debate about Russia's controversial law banning public displays of support for gay rights. ( See our lesson on this debate .)   This lesson is designed to encourage students think critically about the history of debates that have surfaced at the Olympics over the past 100 years. The first section prompts students to investigate a moment in Olympic history in which sports and politics have collided. It asks them to undertake small group research into the issues at stake in their chosen incident and to explore the political context of the time. The second section provides a timeline of controversies in Olympic history. Students can select an incident on the timeline to examine in greater depth. In the third section of the lesson students are encouraged to share their group research in a larger class setting and to discuss the lasting implications of the incidents they have explored.  

Part I: Small Group Research Politics and the Olympics Collide

Politics and the Olympic Games have often gone hand in hand. The current 2014 Winter Games in Sochi, Russia are no exception. The present controversy stems from homophobic moves on the part of Russia's government, which culminated in the passage of the June 2013 "gay propaganda law." This law effectively outlaws any public expression of support for homosexual rights and relationships. The law has sparked strong reactions from athletes and public officials. One response by the United States was to announce that its delegation to the Sochi games would include several well-known former athletes who are gay or lesbian.   This controversy is hardly without precedent. Over the past century, the Olympics have often served as a platform for protest and debate. Below is a timeline of major instances of sports and politics colliding in Olympic history.   Ask students to choose one of the items in the timeline, and then gather together with others who have chosen the same item.  (If there are fewer than two or three students choosing a particular item, they may need to be reassigned so they can be part of a larger group.)    Once in their groups, students may decide whether they want to focus on one specific event that sparked controversy during the Olympic games, or to focus more generally on the political atmosphere surrounding that year's Olympics.   Ask students to research their chosen subject, either individually or in collaboration with the other members of their group. Students should research the following questions, and then discuss their responses in their small groups.  

1. What was the nature of the incident that created headlines? What are the broader political issues that this incident touched on?

2, What were the major positions in this debate? How would you characterize the different groups in conflict?

3. Were the groups in conflict divided by nationality? By race? By political ideology? By other factors? What divisions were the most significant?   4. How was this issue resolved? What lasting implications did it have?

5. How were the attitudes of people in the time period you have studied different than what we might expect today? Can you find any quotes or original documents that reveal people's perspectives or prejudices during that time period?

6. Did this historical incident resonate with you personally? Why or why not?

Part II: A Timeline of Olympics Controversies

1916, Berlin: The first modern Olympics were held in 1896 in Athens, Greece. Early on, organizers established the tradition that the games would be held every four years in a different host country. This was the case through the 1912 games in Stockholm, Sweden. However, in 1916, world politics prevented the Olympics from taking place at all. By that year, Europe was in the midst of World War I, and the games—scheduled to be held in Berlin, Germany—were cancelled. Because Germany was an aggressor in the war, the country was subsequently barred from participating in the games in both 1920 and 1924.   1936, Berlin: It was not until the 1936 Summer Olympics that the games were again scheduled for Berlin. Several years earlier, when Germany first won the bid to host the games, the Nazi Party had not yet risen to power. But by the time the games arrived, Hitler's regime was fully entrenched and his leadership had been consolidated. Hitler viewed the games as an opportunity to demonstrate to the world the superiority of the "Aryan People," as imagined in prejudiced tenets of Nazi racial doctrine. The Nazis proposed banning black and Jewish athletes from the games, but they relented under the threat of an international boycott. As a result, African American track and field star Jesse Owens was able to compete in the games in defiance of Hitler's racism. When he won four gold medals, it was widely seen as an embarrassment to Nazi ideology.   1940, Tokyo and 1944, London: World conflict once again prevented the games from taking place in both 1940 and 1944. In the first case, 1940, the games were scheduled for Tokyo. However, the outbreak of the Sino-Japanese War forced them to be moved to Helsinki, Finland. Even these relocated games were eventually cancelled when war between the Soviet Union and Finland broke out. By 1944, the fighting of World War II was at its height and again the games were cancelled.   1956, Melbourne, Australia: Numerous countries boycotted the Melbourne games for a variety of reasons. Egypt, Lebanon, and Iraq did not participate in the Olympics in response to the looming invasion of Egypt by Israel, the United Kingdom, and France. This invasion ultimately took place in October 1956 after Egypt nationalized the Suez canal. The Netherlands, Spain, and Switzerland also boycotted the Melbourne games in response to the Soviet Union's invasion of Hungary. Led by Nikita Khrushchev, the USSR had invaded in October 1956 to quash a popular uprising against the Soviet-backed Communist leadership then in power in Hungary.   1964, Tokyo: With the US Civil Rights Movement in full-swing by the early 1960s and a sister movement in South Africa challenging the system of apartheid, the issue of racial injustice was primed to surface at the 1964 Tokyo Olympics. After the South African government adopted a policy that prohibited athletes of different races from participating in sports together in its country, the International Olympic Committee banned South Africa from participating in the 1964 Olympics. The country was not to be reinstated until 1992, after the end of apartheid.   1968, Mexico City: Although the US Civil Rights Movement had succeeded in dismantling Jim Crow legal structures in the American South and in defending voting rights for African Americans, many black citizens continued to protest against discrimination and de facto segregation across the United States. At the 1968 Mexico City games, American runners Tommie Smith and John Carlos raised their gloved fists in a Black Power salute on the medal podium following the 200 meter sprint. Their stance became an iconic image for the Black Power Movement and also became a lightning rod of controversy.   1972, Munich: In 1972, political conflict at the Olympics resulted in tragedy. A Palestinian terrorist organization called Black September infiltrated the Olympic village in Munich, took 11 members of the Israeli Olympic team hostage, and demanded the release of over 200 Palestinian prisoners who were being held in Israel. The standoff ended in a massacre in which the terrorists killed all 11 hostages.   1980, Moscow and 1984, Los Angeles: It was not until the later years of the Cold War that tensions between the United States and the Soviet Union resulted in Olympic boycotts by either country. In 1980, U.S. President Jimmy Carter announced a boycott of the Moscow games in response to the 1979 Soviet invasion of Afghanistan. In total, 65 countries joined the US in boycotting the games that year. The Soviet Union responded by boycotting the 1984 summer games in Los Angeles. Citing a lack of security for their athletes, the USSR and 14 of its Eastern Bloc allies declined to travel to the United States. The boycott was widely seen as retribution for the US-led boycott of 1980.   2008, Beijing: In the run up to the 2008 Summer games in Beijing, the Chinese government came under intense scrutiny from the international community for its record on human rights. Critics highlighted Chinese government repression of political dissidents, its ongoing human rights abuses in Tibet, the forced relocation of thousands of Chinese citizens to clear space for construction for the games, and the Chinese government's support for the Sudanese regime that was perpetrating genocide in Darfur. Numerous world leaders publicly contemplated boycotting the games.    

Part III: Class Discussion

After students have researched and discussed their Olympics controversy, ask them to prepare to explain the controversy to the class. After they've explained the controversy to the class, ask students in the small group to respond to these questions:  

1. What was the most surprising thing that you found in researching your event?

2. What resources did you find the most useful in researching the controversy?

3. Do the political issues underlying the incident that you investigated have resonance today? In what way? What current debates might be similar to those being discussed in the time period you studied?

4. Did the protest, boycott or cancellation you studied have its desired effect? Did it help to achieve the goals of those who protested?  Was it a positive development, in your opinion?

 5. Do you think sports and politics always go hand in hand? Do you think it is possible to have international competition free of political overtones? Why or why not?

 6. On the one hand, the Olympics have often been a staging ground for national rivalries. Many of the instances profiled in the timeline reflect the surfacing of divisions between various groups and nations. On the other hand, the Olympics have provided a chance for different groups to come together to recognize a common humanity and to increase communication between nations. What do you think of this tension? Do you think that one side of this equation is stronger than the other?

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What does Moral rights mean?

Definitions for moral rights moral rights, this dictionary definitions page includes all the possible meanings, example usage and translations of the word moral rights ., wikipedia rate this definition: 0.0 / 0 votes.

• Moral rights

Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work.Moral rights were first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928.: 37  Canada recognizes moral rights (droits moraux) in its Copyright Act (Loi sur le droit d'auteur). The United States became a signatory to the convention in 1989, and incorporated a version of moral rights under its copyright law under Title 17 of the U.S. Code. The Berne convention is not a self-executing treaty, and the US Berne Convention Implementation Act excludes the US from the moral rights section. Some jurisdictions allow for the waiver of moral rights.: 44–45  In the United States, the Visual Artists Rights Act of 1990 (VARA) recognizes moral rights, but applies only to a narrow subset of works of visual art. "For the purposes of VARA, visual art includes paintings, drawings, prints, sculptures, and photographs, existing in a single copy or a limited edition of 200 signed and numbered copies or fewer". A photograph must be taken only for exhibition purposes to be recognized under this subcategory. Independent art is not a focus of this waiver, for VARA only works in protecting artwork that can be considered as having "recognized stature"; Some of the items that are voided from VARA's protection include posters, maps, globes, motion pictures, electronic publications, and applied art. The VARA grants artists two specific rights: the right of attribution, and the right of integrity. The right of attribution allows an author to enforce the attribution of their work, prevent the misattribution of their work to another author, and permits the author to retain anonymous or pseudo-anonymous ownership of the work. The right of integrity does its best to prevent distortion or modification of their work, easing an artists' worries surrounding negative defamation directly applied to their work affecting their own personal, creative, or professional reputation through misrepresentation.In the United States, moral rights are not transferable, and end only with the life of the author. Authors may, however, waive their moral rights if this is done in writing.Some jurisdictions like Austria differentiate between narrow and wide moral rights. Whilst the former is about integrity of the work, the latter limits usages, which may harm the author's integrity. Some copyright timestamp services allow an author to publish allowed and disallowed usage intentions to prevent a violation of such wider moral rights.

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Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work bars the work from alteration, distortion, or mutilation. Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work. Moral rights were first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. Canada recognizes moral rights in its Copyright Act.

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Chaldean Numerology

The numerical value of Moral rights in Chaldean Numerology is: 8

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The numerical value of Moral rights in Pythagorean Numerology is: 5

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Victory: My Fight for Constitutional Rights During the Pandemic

City of moscow loses big.

For Immediate Release

July 17, 2023

Contact: Pengo Media [email protected]

My Fight for Constitutional Rights During the Pandemic

• Mediation Settlement Awards Defendants $300,000. • City of Moscow acted unlawfully in arresting and charging protesters. • Tax Payers Pay the Price of the City of Moscow’s Religious Discrimination. • Constitutional rights cannot be suspended during a pandemic.

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[Moscow, Idaho] – On June 2, 2023 mediation settlement awarded Gabriel Rench et al $300,000 for violating their constitutional rights for the illegal arrest on September 23 rd , 2020. City of Moscow which included Moscow City supervisor Gary Riedner, city attorneys Mia Bautista and Elizabeth Warner, Moscow Chief of Police James Fry, and Will Krasselt, Megan Vincello, and Jake Lee all signed the settlement in defeat.

Gabriel Rench said “I am glad this shameful saga is over, but unfortunately at a high cost to the city taxpayers. I estimate that the city spent about $500,000 of city resources on this fight, including the mediated settlement. I came to Moscow in 2002 to attend University of Idaho and have witnessed consistent religious discrimination to my church and members of the Christian community by the city of Moscow and the liberal cult that surrounds their agenda. To make matters worse, they are continuing to harass members of the Christian community by the ongoing legal harassment of what is now known as Stickergate. The city knew they were going to lose my case, so they decided to target high school kids protesting my arrest for posting free speech stickers on city poles. Why were these high school kids the only ones cited with 12 misdemeanors and not the thousands of others who also posted similar stickers? I think we all know the answer to that. It is sad that we have to appeal to the legal system outside of the City of Moscow to get real justice”

Gabriel went on to say: “The liberal cult that runs Moscow has twisted city code and crafted unconstitutional emergency health orders that act like modern Jim Crow laws targeted to harass members of our Christian community and this discrimination needs to stop.”

The City of Moscow originally violated the court order settlement and had to enter into a second round of negotiations to finalize the settlement. The city leadership throughout this process showed little concern for the law and common decency. When Gabriel Rench met with Officer Krasselt after the criminal complaint was dropped, Krasselt said he would do it all over again if he was put back in that same situation. City Council member Gina Taruscio setup a meeting and then canceled it, and later banned Gabriel from her Facebook page. Current Mayor Art Bettge refused to meet with Gabriel throughout this ordeal. During depositions it was revealed through text messages that the City of Moscow prosecuting attorney under Mia Batista’s office, Liz Warner, used bigoted hate speech when referring to Gabriel and the Christian community in Moscow. 

Back in February, Judge England ordered a settlement conference, which he has offered to oversee: “Given that Plaintiffs were wrongfully arrested, the City indisputably erred in interpreting its own Code, the City consequently misadvised its officers as to the Code’s application, and Plaintiffs are so far reasonable in their damage requests, this case should not need to see the inside of a courtroom.”

The arrests happened on September 23 rd , 2020 at a psalm sing protest in the parking lot of City Hall. The protest had been organized by Christ Church, where Gabriel Rench was a deacon, and the ensuing news coverage spread far and wide, even to President Trump’s twitter feed. Many around the country were outraged by the decision of MPD to arrest peaceful protestors, while others raged at Christ Church for behaving, they believed, unlawfully and unsafely. Since that time, Christ Church has proven to have been right about the flawed science behind Moscow’s COVID orders, and now they have proven to have been right on the law as well. Their psalm sing was constitutionally protected “expressive and associative conduct” and officers did not even have grounds to ask for the ID of participants, let alone make arrests.

July 24, 2023

Fox news interview.

City of Moscow acted unlawfully in arresting and charging protesters

Thomas More Society

More articles, khq: christ church and moscow heading to settlement in mask mandate lawsuit.

It’s been over two years since three Christ Church members were arrested for resisting arrest after being cited for not wearing masks in Moscow, ID.

Candidate Rench arrested at downtown Moscow event

Five cited for alleged face mask order violations at “psalm sing” hosted by Christ Church outside Moscow City Hall; three of the five arrested

Charges dropped against Moscow deacon who took part in mask mandate protest

Gabriel Rench was arrested by Moscow police last September during what Christ Church called a "Psalm-sing" outside of city hall.

3 arrested at Moscow church event for mask violations sue city in federal court

Gabriel Rench, the deacon of Christ Church, and two others were arrested for violating Moscow's mask mandate and other COVID-19 orders during a "Psalm Sing" event.

Idaho man arrested for not wearing mask at outdoor worship service: 'Unbelievable'

He told Laura Ingraham the Moscow, Idaho coronavirus order is 'tyrannical'

Members of Moscow religious group suing city and police department over arrests at mask protest

Three people who took part in a mask protest last fall are suing the City of Moscow, Moscow Police and others, saying the city violated their First Amendment rights.

Latah County Commission candidate arrested in violation of mask order at downtown ‘psalm sing’ event

A “psalm sing” attended by more than 150 people Wednesday in the Moscow City Hall parking lot led to three arrests, including that of Latah County Commission candidate Gabriel Rench.

Charges dropped against deacon arrested for singing hymns outdoors

A court has dismissed all charges against a church deacon who was one of the three arrested last September for singing while not wearing a mask at a “psalm sing” outdoor worship service held in Moscow City, Idaho.

Religious Rights Victory for Idaho Church Deacon Arrested While Singing in Parking Lot

Thomas More Society attorneys achieved victory for a Moscow, Idaho, church deacon who was wrongly arrested on September 23, 2020, for singing while not wearing a mask at a church-sponsored “Psalm Sing” in the Moscow City Hall parking lot.

3 arrested at Idaho church singing event to flout mask order

MOSCOW, Idaho (AP) — Three people have been arrested after an Idaho church held a maskless psalm singing event in a city hall parking lot in violation of the town’s mask order.

Three sue over arrests at Moscow singing event

Former Latah County Commissioner candidate Rench, Moscow couple say city, others allegedly violated their First Amendment rights

Moral rights

Moral rights protect the personal relationship between a creator and their work even if the creator no longer owns the work, or the copyright in the work. Moral rights concern the creator’s right to be properly attributed or credited, and the protection of their work from derogatory treatment. 

In this information sheet:

Moral rights protect the personal relationship between a creator and their work even if the creator no longer owns the work, or the copyright in the work. Moral rights concern the creator’s right to be properly attributed or credited, and the protection of their work from derogatory treatment.

Introduction  

Moral rights are personal rights contained in the Copyright Act 1968 that connect creators to their work. Moral rights exist in relation to artistic, literary, dramatic and musical works and films but not sound recordings. Some performers also have limited moral rights in certain live or recorded performances. This information sheet provides basic information on moral rights and their significance for creators and authors other than performers. For more information on performers’ rights see the Arts Law information sheet, Performers’ rights .

Moral rights are distinct from the economic rights included in copyright. Thus an employed artist who does not own copyright in the visual artworks created as part of his employment nevertheless has moral rights in those artworks. A musician who has sold his copyright to a record label still has moral rights in his musical compositions.

What are moral rights?  

Moral rights arise automatically under the Copyright Act. There are three types of moral rights:

• Right of attribution: this is the right of an author to be identified and named as the author of his/her work;
• Right against false attribution: this is the right of an author to stop someone else being credited as the author of their work; and
• Right of integrity: this is the right of an author to ensure that his/her work is not subjected to derogatory treatment which is any act in relation to the work that is in any manner harmful to the author’s honour or reputation.

“Derogatory treatment” in relation to an artistic work is defined in the Copyright Act as:

“(a)     the doing, in relation to the work, of anything that results in a material distortion of, the destruction or mutilation of, or a material alteration to, the work that is prejudicial to the author’s honour or reputation; or

(b)       an exhibition in public of the work that is prejudicial to the author’s honour or reputation because of the manner or place in which the exhibition occurs; or

(c)        the doing of anything else in relation to the work that is prejudicial to the author’s honour or reputation. “

Who owns moral rights?  

The creator of an artistic, literary, dramatic or musical work owns the moral rights in that work. For information on what is an artistic, literary, dramatic or musical work, see Arts Law’s information sheet Copyright . The principal director, principal producer and principal screenwriter of a film each have moral rights in that film.

Only individuals can have moral rights so if the film producer is a corporation, it has no moral rights in the film. However a group of individuals may all be able to claim moral rights as co-creators.

Moral rights cannot be bought or sold or given away; however after the creator passes away, the moral rights can be exercised by the personal representative of the creator, for example, the executor or administrator of the creator’s estate.

Duration of moral rights  

The duration of moral rights depends on the nature of the moral right and the nature of the creative work.

The moral right of attribution and the moral right against a false attribution all continue in force until copyright in the artistic, literary, dramatic or musical work or film expires – usually 70 years following the creator’s death.

The moral right of integrity in an artistic, literary, dramatic or musical work also continues in force until copyright in the work expires; however the moral right of integrity of a cinematograph film only continues for the lifetime of the of the director, producer or screenwriter and ceases upon death.

The duration of performers’ moral rights is quite different. See the Arts Law information sheet, Performers’ rights .

When can moral rights be ignored?  

In Australia, there is no need to “assert” your moral rights in order to enforce them. However, this is required in some other countries, including the United Kingdom and New Zealand. If your work is likely to be sold or distributed in these countries, you should include a clause in your contracts that formally states that you assert your moral rights.

In principle, any act which is contrary to an author’s moral rights, for instance a failure to attribute the author or a derogatory treatment of the author’s work, is considered a moral rights infringement.

There is, however, no moral rights infringement if:

• the author has consented to the action or omission that would otherwise infringe moral rights; or
• the defence of reasonableness or an exception applies.

Consent regime  

A creator can consent in writing to specific actions or omissions which would, in the absence of consent, amount to an infringement of his or her moral rights. This is common in the area of literary works created within the course and scope of employment, where the employee consents not to be attributed as the author of a text (e.g. the contract of employment for an employed music teacher might state that the employee ‘consents’ not to be attributed as the author of compositions created for teaching purposes and to changes made by other teachers).

In some circumstances it may be necessary or appropriate for a creator to consent to certain acts or omissions which might otherwise be considered a breach of moral rights. A graphic artist may be required to consent to changes and modifications to a website design or logo he has created for a business. However it is important that this consent is not so broad that it allows a third party too much scope to change your work or not to acknowledge you. A choreographer commissioned to create a dance for a major performing company should be very concerned if the contract requires her to consent (effectively agree) that there is no obligation whatsoever to acknowledge her as the creator when the work is performed publicly.

Terms are commonly drafted into contracts with creators setting out the scope of the ‘consent’ which the creator is giving. Creators should always carefully consider any consent and seek advice if at all uncertain of the terms of the consent. In particular, Arts Law recommends that creators be wary of any term stating that they “waive” (give up) their moral rights entirely. Although the Copyright Act does not specifically allow for the “waiver” of moral rights, such a term may be interpreted as a wholesale consent in writing to all future infringement of their moral rights.

In relation to film and television production, there is an ‘Industry Accord on provisions which by consent may be incorporated in contracts’ ( Industry Accord on Moral Rights ). The Industry Accord on Moral Rights is a voluntary Australian film industry standard that is available for download from the Australian Directors Guild website and which acknowledges the moral rights of the creators of the film and the script, but sets out a series of acts to which they consent so that the producer has the flexibility it needs to commercialise and exploit the film. It also provides a standard process for the producer to obtain the consent of the director and scriptwriter to other material alterations to the film which the producer wishes to make.

Defence of reasonableness  

A third party who does not acknowledge the creator of the work or who subjects the creator’s work to derogatory treatment (such as by changing or destroying the work) will nevertheless not be held to have breached the creator’s moral rights of attribution and integrity “if it was reasonable in the circumstances”.

There is no defence of reasonableness to a claim of breach of the moral right against false attribution (crediting someone else as the author of your creative work).

A number of factors are used to determine whether a failure to attribute or an act amounting to derogatory treatment is reasonable in the circumstances, such as the nature of the work, its purpose, the manner and context in which it is used, any relevant industry practice, or any practice contained in a voluntary code of practice, as well as the context in which it is created. For example, it is common not to attribute the author of a text written by an employee, for example internal guidelines, sample contracts, information sheets. In such circumstances, the copyright material is attributed to the employer entity rather than to the individual or individuals who actually did the drafting. It is also reasonable not to acknowledge the composer of the soundtrack or writer of the screenplay or the director of a film in promotional trailers and advertising for the film.

Because the test of reasonableness is different in every context, and parties may argue over what is the relevant industry practice, Arts Law recommends that contracts dealing with the creation, sale or use of an artistic, literary, dramatic or musical work or film set out clearly how the creator should be acknowledged and provide for an appropriate process to manage any changes to the work that may possible be derogatory treatment of the work. Arts Law’s template contracts contain clauses for this purpose.

Notification procedures for artistic works  

The Copyright Act allows certain acts which would otherwise constitute an infringement of the moral right of integrity if certain notification requirements are followed.

For example, the Copyright Act states that the owner of a moveable artistic work may destroy it without infringing the creator’s moral right of integrity in that artistic work if they first gave the author, or a person representing the author, a reasonable opportunity to remove the work from the place where it was situated.

In relation to artistic works that are affixed to or form part of a building, the Copyright Act provides for a process that should be followed by the owner of the building in relation to any change in, or the relocation, demolition or destruction of, such sculptures or installations. The building owner is required to make reasonable inquiries to discover the identity and location of the author and, if they locate the author, they must give the author 3 weeks within which the author can make a record of the work and consult in good faith with the owner of the building about the removal or relocation of the work. If the author cannot be located after carrying out reasonable inquiries, then the owner of the building is permitted to remove, relocate or destroy the work. This has been relied upon by property developers to destroy public artworks in sites being redeveloped.

Remedies  

If a creator’s moral rights are found to have been infringed, the court can order any of the following:

• a public apology;
• a declaration of infringement;
• payment of money for the harm suffered (damages);
• the person to stop the infringement (an injunction); or
• that any false attribution be publicly corrected;
• that any derogatory treatment ceases or is reversed (as appropriate).

Since moral rights became law in 2000, there have been a small number of successful claims of infringement:

• In Meskenas v ACP Publishing (2006), the Women’s Day magazine published a photo of Crown Princess Mary of Denmark in front of a painting which it mistakenly attributed to artist Jiawei Shen instead of Mr Meskenas. The Court found his moral right against false attribution and his moral right of attribution had been infringed and awarded $45,000 in damages.
• In Perez v Fernandez (2012) the court determined that Mr Fernandez had infringed the moral rights of recording artist Armando Perez (also known as Pitbull) in the song Bon,Bon by altering the sound recording to falsely represent that he (Mr Fernandez) was a subject of the song. The court awarded Mr Perez damages of $10,000 for infringement of his moral right of integrity.
• In Corby v Allen & Unwin (2013) the publisher of a book was held to have infringed the moral rights of the sister, brother and mother of Schapelle Corby to be attributed as the photographers of certain photos published in a book about Ms Corby and her father. The successful action for infringement of moral rights was in addition to an action for infringement of copyright in the photographs, which had been published without the permission of the copyright owners.

If you believe that your moral rights have been infringed, you should seek legal advice. Generally, the first step is a letter of demand requiring the infringer to cease the infringing conduct and, if appropriate, to pay damages. Arts Law has a low cost template letter of demand for moral rights infringement which you could use. Alternatively, Arts Law can give you a referral to a lawyer who can draft the letter for you though this usually will be at a cost to you based on the lawyer’s fees.

Arts Law has a template Letter of Demand – Moral Rights Infringement . If you are not successful in negotiating a successful settlement, you can consider Alternative Dispute Resolution (ADR). Arts Law has a low cost ADR Service. For more information see Alternative Dispute Resolution Service – Guidelines .

Further information  

You can find additional information about moral rights on the website of Australian Copyright Council – Moral Rights

Relevant Arts Law information sheets include:

• Performers’ rights
• Letter of demand – moral rights
• ADR – mediation
• ADR – binding expert determination and non-binding expert evaluation
• ADR Service – Guidelines

Arts Law publishes ‘ Visual Artists and the Law ’ by Shane Simpson. 3rd Edition by Annabel Clemens (2013) in EPUB format , MOBI format & eBook – PDF format ; which provides a commentary on: the basics of copyright (Ch 1); trading copyright (Ch, 2); protecting your copyright (Ch 3); moral rights (Ch 4).

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• 1. Performers' rights
• 2. Copyright