moral rights

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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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What are moral rights in copyright law?

We have previously covered the basics of copyright law among other articles in this copyright series. But did you know that another set of rights exists in copyright works is the concept of moral rights?

assignment of moral rights

Moral rights vs copyright

Copyright is an economic right, allowing or preventing access or exploitation of the relevant work for profit. On the other hand, moral rights are non-economic rights that protect individual authors' and creators' personal interests. Particularly, these rights protect their reputations. They apply only to copyright works rather than any form of design right for example.

Moral rights specifically apply to literary, dramatic, musical or artistic works and films. This includes books, professional reports and articles, an architect's drawings, photographs, illustrations, adverts etc.

It is important that businesses consider moral rights when using or acquiring copyright protected works. This is because the person entitled to exercise moral rights will often be different to the copyright owner. Additionally, moral rights cannot be assigned.

An assignment of copyright does not necessarily give a business 'free rein' to use the copyright material. Businesses must act with care to address and reduce the risk of infringement of authors' moral rights. We explore the different types of moral rights and options for addressing them in commercial transactions in more detail below.

What do moral rights protect?

Authors' moral rights.

There are four types of authors' moral rights in the UK:

1. The right of paternity (i.e. the right to be identified as author or director)

An author/director's right to be identified as such applies to the whole or any substantial part of a copyright literary, dramatic, musical or artistic work and lasts for the life of the author plus 70 years.

The right of paternity generally arises where the relevant work has been exploited in some form:

  • Literary and dramatic works – where the work (or an adaptation of it) is commercially published, publicly performed, publicly communicated, included in films and/or sound recordings which are made public;
  • Musical works – where the work (or an adaptation of it) is commercially published or copies of sound recordings are issued to the public (including as part of film soundtracks), however there is no right to be identified as the author where the musical work is publicly performed or communicated;
  • Artistic works – where the work is commercially published, publicly exhibited or visually communicated to the public; and
  • Films – where the firm is shown or communicated publicly, or copies are issued to the public.

The right will not, however, be infringed unless the author/director has first asserted it either:

  • on an assignment of copyright in the work, by including a statement that the author/director asserts their right to be identified (they need not be the copyright owner or a party to the assignment); or
  • by a personally signed document in writing (although this will only bind those who have notice of the assertion).

Certain additional methods apply in respect of public exhibition of artistic works.

Among other exceptions, the right to be identified as author or director does not apply to computer programs, designs of typefaces or any computer-generated works.

2. The right of integrity (i.e. the right to object to derogatory treatment)

The author's right to integrity, which also lasts for the author's life plus 70 years, applies to the whole or any part of their original work. 'Derogatory treatment' essentially means an addition to, deletion from, alteration to, or adaptation of their work which would be considered 'derogatory' if it amounts to distortion or mutilation and/or impacts the reputation or honour of the author.

This doesn't mean e.g. the translation of a book or the simple transposition of a piece of music to a different key, but an alteration e.g. affecting the quality of a work, omitting important passages so as to remove important context, or creating an unfavourable association with the author may be considered derogatory treatment.

Infringement arises when, in relation to a literary, dramatic or musical work which has been subjected to 'derogatory treatment', it is published commercially or publicly performed, issued or communicated; and in relation to an artistic work, it is published commercially or publicly exhibited or communicated. Anyone possessing or dealing with the work or a copy of it in the course of business also infringes the author's right of integrity where they know or have reason to believe it is an infringing article.

Various exceptions exist, including that the right of integrity does not apply to computer programs.

3. The right not to suffer false attribution

The right not to have a work falsely attributed to someone as author/director applies to the whole or any part of a work, e.g. a quote from a person's book, report or article, to which additional words are added which were not originally used by the person, would be a false attribution.

This right also applies where an artistic work has been altered after the author has transferred possession, and a person commercially deals with it and presents it as the original author's unaltered work. Where a literary, dramatic or musical work is falsely said to be an adaptation of another's work, that would also be a false attribution.

Anyone who publicly issues, exhibits or performs the work or associated material containing the false attribution would be infringing the right. Indirect infringement is also possible where someone, in the course of business, owns or commercially deals with a copy of the work and where they know or have reason to believe the attribution is false.

Unlike the other moral rights, this right lasts only until 20 years after the death of the author of the work.

4. The right to privacy (in relation to particular films and photographs)

The right to privacy applies to the whole or any substantial part of a photograph or film commissioned by a person for private and domestic purposes. This means that person has the right not to have copies of the work publicly distributed, shown or communicated (which would be infringed by anyone doing or authorising those acts). The right lasts for the author's life plus 70 years.

Performers' moral rights

Since 1 February 2006, two further types of moral rights have been conferred on performers (in relation to performances taking place on or after that date):

  • The right to be identified as a performer (in relation to the whole or a substantial part of a qualifying performance); and
  • The right to object to derogatory treatment (in relation to the whole or any part a qualifying performance).

We mention these for completeness, however they are of less relevance to commercial transactions.

Employee-created works

We do not detail all exceptions to the application of the above moral rights (though some are noted above), however particularly important ones apply to employee-created works. Where an employee has created a copyright work in the course of their employment, so that their employer is the first owner of the copyright in the work (unless there is a contrary agreement), the employee's entitlement to moral rights is more limited.

Notably, they will not benefit from the right to be identified as author (or director) in relation to any act done by, or authorised by, the copyright owner.

They also will not have the right to object to derogatory treatment in respect of anything done by or authorised by the copyright owner (unless the employee is, at the time of the act, or has previously been in published copies of the work, identified as the author/director). In relation to the latter, even where the right does apply, a disclaimer can prevent infringement.

Remedies for infringement

A breach of moral rights can be pursued as a breach of statutory duty and does not require proof of damage. It may be possible to obtain general and special damages for lost opportunity (in the event of a breach of the right of paternity causing loss of publicity), damage to reputation and goodwill as well as loss of sales (in the event of derogatory treatment and/or false attribution). It may also be possible to obtain an injunction so as to prevent future breaches.

Reducing risk in commercial transcations

Moral rights should be addressed in any commercial transactions involving copyright works. They are personal rather than property rights and can be (and often are) waived by the author/creator/performer in question, however such rights are not capable of being transferred by assignment.

Any waiver, where appropriate, can relate to a specific work or to works generally, to existing or future works, can be conditional or unconditional, and may be expressed to be revocable. It must be in writing and signed by the person giving up their moral right(s) (and where there are multiple authors, it should be noted that a waiver by one joint author would not affect the rights of the other(s)).

Infringement of a moral right can also be avoided by obtaining consent to do the relevant act (whether in writing or not, and whether express or implied), although commissioning the work does not infer consent to do any acts within the scope of moral rights.

The person entitled to exercise their moral rights will often not be the same as the owner of the relevant copyright work, so care must be taken to seek a waiver or consent from the correct person or all the joint authors (where appropriate), and/or to ensure that what's done with the work (whether by the original copyright owner, assignee or any licensee) does not infringe the above moral rights.

The position on moral rights differs across jurisdictions. For example, in France, certain different moral rights exist (a right of disclosure and a right of withdrawal, in addition to the right of paternity and right of integrity), are perpetual and cannot be waived. Therefore, if international rights are the subject of a commercial transaction, local advice should always be sought on the position on the particular moral rights subsisting in those international rights.

If you need advice on the issues discussed, please get in touch with a member of our Intellectual Property team.

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Moral Rights in the United States

If you follow our blog, you may have noticed moral rights come up in a few of our previous posts (“ A Primer on Fearless Girl ”, “ Theories of copyright ”, and “ Copyright in Campaigns ”).  You may have also noticed moral rights in recent communications from the U.S. Copyright Office .  Moral rights are not often raised in the United States, and with good reason.  Moral rights, as distinguished from economic rights, are given only partial protection under U.S. copyright law.  Here, we give an introduction to moral rights and help to distinguish them from economic rights.

What’s the Difference between Economic Rights and Moral Rights?

In the U.S., one of the main purposes of copyright law is to protect a copyright owner’s economic rights.  This is one of the inspirations behind the limited monopoly afforded to rights holders under copyright law.  These economic rights, such as the ability to make and distribute copies, don’t protect against injuries to an artist’s reputation or honor.  They are intended to allow copyright owners to profit from copyrighted works.  This system of incentives is meant to encourage creativity, and to help individuals support themselves as they pursue their creativity, whether that be in painting, architecture, or literature.

Moral rights are intended to protect a creator’s “ honor or reputation ”.  In addition, moral rights cannot be transferred to another individual or to a corporate entity.  They remain with the creator of a work, even if the rest of that creator’s copyright is transferred.

Example: A photographer is very active in a religious faith that prohibits both the use of tobacco and the consumption of alcohol.  The photographer sells one image and its related copyright to an advertising agency.  The advertising company then uses the image in a campaign for a cigarette company; their ads also feature alcohol. In a country where copyright protects only economic rights, the photographer has no say in what happens to the photograph after it is sold.  There would be no recourse against the advertising company because the photographer’s honor and reputation have no protection under copyright law.  In the alternative, in a country where copyright also protects moral rights, the photographer may be able to protect their work from “distortion [or] mutilation”, like having alcohol or drugs incorporated with their work, if the changes offend the honor or reputation of the photographer.

How are Moral Rights Handled in the United States?

Does the U.S. grant moral rights in addition to economic rights?  Not to sound too much like a lawyer, but the answer is — it depends.  When the United States agreed to join the Berne Convention in 1988, we agreed to include in our copyright laws certain minimum protections for creators.  One of these minimum protections was moral rights.  However, the protections of the Berne Convention far exceed the protections offered in the United States.  The Berne Convention covers a wide variety of types of works, such as “books, pamphlets, and other writings; lectures, addresses, sermons and other works of the same nature…”, in addition to visual artworks, like paintings or sculptures.  Creators of works in countries that strictly adhere to Berne may object to any “distortion, mutilation, or other modification of, or other derogatory action in relation to” their work.

In the United States, on the other hand, only works of visual art are given moral rights protections under copyright law.  This was done through the Visual Artists Rights Act (VARA), 17 U.S. Code § 106A .  VARA does not protect literary works (such as books and pamphlets), as they would not be considered works of visual art.  Furthermore, there are specific limitations on what can constitute distortion or mutilation.  For example, changes in how a work is displayed will not constitute a distortion or mutilation for the purpose of U.S. copyright law.  VARA grants to the creator of a “work of visual art” the right to claim authorship of their works, deny authorship of works that they did not create, and prevent the continued use of their name on any of their works that have been distorted, mutilated, etc.  In addition, a creator:

(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and

(3) subject to the limitations set forth in section 113(d), shall have the right—

(A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and

(B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.

Should the United States Extend its Moral Rights Protections?

This is an open question in U.S. Copyright.  In January of 2017, the U.S. Copyright Office undertook “a public study on moral rights for authors, specifically the rights of attribution and integrity.”  Some believed this was the first step to extending moral rights protection.  Although no extensions were made, the question of additional moral rights protection is one that the United States may need to address, if for no other reason than to examine our compliance with the Berne Convention.

What do you think of the United States’ handling of moral rights?  Do we need additional protections?  Is it fine as it is?  Or should there be even fewer protections?  We would love to hear your thoughts on this issue, and look forward to discussing it with you in the comments!

_____________________________________________________________________________________

By Marley C. Nelson, Rights Management Specialist, Copyright Resources Center, The Ohio State University Libraries

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Copyright Information | Details and Exceptions

  • Module 4: Rights, Exceptions, and Limitations
  • 1 Learning objective
  • 2 Case study
  • 4.1 Rights Relating to Reproduction and Distribution of a Work
  • 4.2 Rights Relating to Communication of a Work to the Public
  • 5 Moral Rights
  • 6 Neighboring and "Sui Generis" Rights
  • 7 Rental and Lending Rights
  • 8 Exceptions and Limitations
  • 9.1 Allowing Library Patrons to Use the Library’s Copy Machines or Other Copy Equipment
  • 9.2 Making Copyrighted Materials Available on the Library's Computers
  • 9.3 Making Copies for Library Patrons
  • 9.4 Making Digital Copies for Preservation and Replacement
  • 9.5 Creating Course Packs for Students
  • 9.6 Adapting Materials for the Blind, Visually Impaired and other Reading Disabled Persons
  • 9.7 Inter-Library Loans
  • 10 Compulsory Licenses
  • 11 Back to the case study
  • 12 Additional Resources
  • 14 Assignment and discussion questions
  • 15 Contributors

Learning objective

This module will teach you about the rights of a copyright holder and about the exceptions to and limitations on those rights.

Maria, Angela's aunt, is a collector of sheet music. Many of the documents in her collection are handwritten; some are unique. She has just decided to donate the entire collection to the university library. Angela meets with Nadia to discuss how the library might best make use of the collection. In particular, Angela asks Nadia to make digital copies of all of the compositions in Maria's collection and to make those copies available to the world on the library's servers.

Economic Rights

Rights relating to reproduction and distribution of a work.

The heart of copyright law is the right to make copies of a protected work. This is called the "right of reproduction." The copyright holder has the exclusive right to make or authorize such copies. Creating a copy without the authorization of the holder infringes upon the copyright, unless permitted by an exception to or limitation on the reproduction right. As we saw in Module 2: The International Framework , the right of reproduction is widely acknowledged by international agreements. As we will soon discuss, however, those same agreements also empower member countries to create exceptions and limitations to this (and other) rights. The copyright statutes of virtually all countries recognize the right of reproduction.

What does "reproduction" mean? Most obviously, it includes making a copy in the literal sense -- for example, by photocopying a book or article. It also includes converting a copyrighted work into a new format -- such as using a tape recorder to copy a vinyl album. Less obviously, it includes making a new work that is "substantially similar" to an existing work, while having that existing work in mind. So, for example, an art student who stands in front of a painting and paints a faithful replica of it would violate the original painter's right of reproduction (unless the student could invoke one of the exceptions or limitations discussed previously). As one might imagine, the question of how close one work must be to another to be "substantially similar" is highly controversial and is often litigated.

Closely related to the right of reproduction is the right of adaptation , which provides copyright holders with the right to adapt a copyrighted work from one form of expression to another, or to authorize another to do so. Examples of adaptations include transforming a book into a movie or a song into a musical. The right of adaptation is also found in virtually all copyright systems. For example, Article 12 of the Berne Convention requires member countries to grant authors the right to authorize “adaptations, arrangements, and other alterations of” copyrighted works. The right of adaptation also encompasses the right to translate a work into other languages. Article 8 of the Berne Convention requires member countries to recognize this right of translation. In some legal systems, the right of adaptation is expressed as the right to make “derivative works,” which use the original work as a starting point but are not direct copies of the original work.

In most countries, the reproduction right and the adaptation right are closely aligned. In other words, the majority of activities that violate the adaptation right also violate the reproduction right. However, there are exceptions. For example, cutting up a photograph to include it in a collage may violate the adaptation right (unless of course that behavior is excused by one of the exceptions or limitations). But, because that activity did not entail making a new copy, it would not violate the right of reproduction. However, the degree of overlap between these two rights varies somewhat by country. Which of the two rights is implicated by a particular case will sometimes make a difference -- for example, if the copyright owner has granted a license for one of the rights but not the other.

How far do these rights reach? Recall from Module 3: The Scope of Copyright Law that copyright only protects the expression of ideas, not the ideas or facts themselves. Thus, a work that is inspired by the ideas contained in another work but does not use any of the protected expression from the initial work is neither a reproduction nor an adaptation, and will not violate the copyright holder's rights. Also, note that Article 2(3) of the Berne Convention provides that authorized adaptations are protected by their own, separate copyright, in addition to the copyright protection given to the original work.

Finally, a copyright holder also has the exclusive right to distribute his or her work, and the right to import copies of the work subject to certain exceptions. The right to distribute encompasses the right to sell or authorize the initial sale of a copy of the work.

Rights Relating to Communication of a Work to the Public

Another important economic right of a copyright holder is the right to communicate the work to the public. In many countries, this right is expressed as the right of public performance and public display . The right of public performance relates to showings of plays, movies, and music. The right of public display relates to the display of artwork such as paintings and sculptures. Article 11 of the Berne Convention requires member countries to grant the holders of copyrights in “dramatic and musical works” the right to control public performances of those works “by any means or process” (including, for example, a live performance or playing a recording of a performance). Article 11 also extends the right of public performance to translations of a copyrighted work. It also requires that copyright holders be given the right to authorize the broadcasting or public communication of the copyrighted work by wire, loudspeaker, “or any analogous instrument transmitting, by signs, sounds, or images.”

As their labels indicate, the rights of public display and public performance only control activities that are public. Thus, persons who own authorized copies of copyrighted works may display or broadcast the works in non-public settings without risk of infringement. For example, a person who owns a copy of a movie may play the movie in her home to a group of social guests without infringing the right of public performance. Similarly, a person who owns a painting or sculpture may display the work in her home without infringing the right of public display.

The copyright holder’s right to control the public performance of her work extends to many communications that might not initially seem like “performances.” For example, as indicated above, it grants a copyright holder the right to authorize broadcasts of her work. This includes television broadcasting, cable distribution, satellite distribution, and re-broadcasts of a work. It can also encompass on-demand digital transmissions and pay-per-view broadcasts. At least in some countries, the right also extends to performances in settings that don't seem especially "public" in the ordinary sense -- for example, in schools, nursing homes, and prisons.

The WIPO Copyright Treaty (WCT) and WIPO Performers and Phonograms Treaty (WPPT), discussed in Module 2 , altered this set of rules subtly -- and in ways that have not yet been fully resolved. Article 8 of the WCT and Articles 10 and 12 of the WPPT require member countries to recognize a right to make a copyrighted work "available" to the public. The United States has taken the position that these treaty provisions do not require any change in the way that the US has formulated and enforced the right of public performance. Not all countries agree. The EU, for example, has taken the position that the "making available" right adds something new. The principal circumstance in which this disagreement might make a difference is when someone posts a copyrighted document on a website, but no one has yet downloaded it. The treatment of such cases may vary by country.

Moral Rights

Many countries provide authors moral rights in addition to economic rights. Unlike economic rights, moral rights usually cannot be transferred to other persons, although many countries allow them to be waived -- either altogether (for example, in the United States) or in conjunction with specific licenses of economic rights (for example, in France). The limits on transfers of moral rights reflects the rationale that underlie them -- namely, that the works produced by an author are an extension of his or her self and bear the an imprint of his or her personality. Accordingly, moral rights protect certain copyrighted works from destruction or mutilation, partially to protect the author’s expression of her personality, and partially to protect the author’s reputation from harm. Moral rights are recognized especially broadly in countries with civil law traditions.

Recognition of a limited subset of moral rights is mandated by Article 6bis of the Berne Convention . Article 6bis requires that the author of a work be given at least two types of moral rights. The first is commonly know as the "right of attribution." It encompasses not only the right of an author to have her name associated with her works, but also the right to not have her name associated with works that are not hers. The right of attribution also gives an author the right to publish a work under a pseudonym. The second moral right required by Article 6bis is the author's right to object to the destruction or modification of her work in a way that would harm her honor or reputation. This is commonly known as the "right of integrity."

Although Article 6bis recommends that these moral rights extend after the author’s death, at least until the economic rights expire, it also allows member countries to limit moral rights to the life of the author. However, the protections of Article 6bis are not as strong as they may seem, because it is the only provision in the Berne Convention that is not incorporated by the TRIPS Agreement. Thus the “teeth” provided by the WTO dispute resolution system are not available to compel member countries to recognize moral rights.

In addition to the right of attribution and the right of integrity, many countries also recognize a right of disclosure and a right of withdrawal. The former gives an author the exclusive right to determine when she will release a work to the public. This right takes precedence even over a contractual commitment by the author to transfer the work to a client or patron. The latter permits an author to withdraw works from publication or circulation if she determines that she no longer wants to be represented by or associated with those particular works. This right is much less powerful in practice than it first appears, both because the author would have to pay the people from who the copies are withdrawn and because the right of withdrawal is trumped by the right of a purchaser to keep goods he or she has purchased. As a result, it is almost never invoked.

It is important to check your country’s statutory provisions relating to moral rights. Nations vary considerably on the rights they recognize, the duration of those rights, whether they may be waived, and so forth. For example, in Spain, seven moral rights are recognized: the right of disclosure, the right to publish under the author's real name or a pseudonym, the right to be acknowledged as the author of the work, the right to the integrity of the work (which includes the right to prevent distortion or modification of the work), the right to modify the work (limited by other statutory provisions), the right to withdraw the work, and the right of access to a single or rare copy of the work, even if that copy is owned by a third party (though the author’s exercise of this right is limited by certain considerations for the holder of the copy).

Neighboring and "Sui Generis" Rights

“Neighboring rights” (also called related rights ) consist of the rights of those who assist the author of a copyrighted work, but who do not qualify for a copyright in the work. They include the rights of broadcasters and broadcasting organizations in their transmissions of programs (as opposed to the copyrights in the programs themselves), the right of an artist in her performance of a piece (as distinguished from the copyright in the underlying work itself), and the right of the producer of a record (as opposed to the copyright in the musical compositions that the record embodies). It is important to keep these neighboring rights in mind, in addition to the rights of the copyright holder, when considering what uses of a given work are permissible.

In addition to the neighboring rights attached to performances, some countries recently have recognized rights in databases, semiconductor chip designs, boat-hull designs, and so forth. These rights are commonly known as sui generis rights -- although the distinction between "neighboring rights" and "sui generis" rights is largely arbitrary. Of these new rights, the only one that might significantly affect the activities of librarians is the protection of databases. As indicated above, most countries use ordinary copyright law to protect original ways in which the data in a database is selected or arranged. But, so far, only in the European Union are the contents of the database protected.

The EU's database protection system is highly controversial. Critics contend that it is unnecessary to provide incentives for the creation of databases and merely impedes the flow of factual information. However, efforts to test this criticism empirically by comparing the rates of database innovation in countries with and without database protection rules have thus far been inconclusive. Until the dispute is resolved, database protection is unlikely to spread to developing countries.

Rental and Lending Rights

In addition to the rights described above, in some countries the holders of copyrights in some kinds of works have been given rights of various sorts in situations where their works are temporarily made available to other persons. Two quite different rights must be distinguished. A rental right governs situations in which a copy of a copyrighted work is rented to someone for commercial advantage. A public lending right governs situations in which a copy of a copyrighted work is provided temporarily by an institution to a patron for free. The lending practices of almost all public and academic libraries would fall under the second heading.

Both rights are relatively new and remain highly controversial. The TRIPS Agreement (in Article 11), the WCT (in Article 7), and the WPPT (in Articles 9 and 13) now all require member countries to recognize rental rights -- but only with respect to three narrow categories of works: computer programs, movies, and phonograms. None of these agreements -- and no other multilateral treaty -- requires member countries to recognize public lending rights. Thus far, only one regional agreement requires member countries to establish public lending rights: the 1992 Rental and Lending Rights Directive of the EU((.link_green)) . Articles 1 and 2 of that directive require members to extend both rental and lending rights, not just to performers, phonogram producers, and film producers, but also to "authors." Article 5 of the directive permits member countries to limit the lending right, but only if authors are compensated, or to exempt categories of institutions from its coverage, but only if they do not thereby effectively exempt all institutions. The directive proved extremely controversial, and formal proceedings were necessary to force several EU members to conform to it.

Given the highly incomplete coverage of rental and public lending rights in the supranational agreements, it is not surprising that many countries currently do not recognize them. Of particular importance to libraries, currently only 29 countries have established public lending rights systems. Most of those countries are in Europe. The United States does not have one, nor does any country in Latin America, Africa, or Asia.

Librarians in developing countries may soon be called upon to participate in discussions concerning whether their countries should adopt a public lending right system. What position should they take? The International Federation of Library Associations and Institutions (IFLA) offers two sensible recommendations((.link_red)) . First, librarians should not accept any legislative proposals that would require the libraries themselves to pay fees to authors, performers, and producers. The only ways that libraries could make such payments would be either to charge users or to withdraw scarce resources from other programs. Either strategy would fundamentally impair the libraries' core mission. In short, the only acceptable version of a public lending system would be one in which the government, not the libraries, paid the fees -- as occurs in most European countries. Second, the IFLA argues that even a system in which the government paid the fees would be unwise in developing countries, because it would reduce the money the government could spend on even more essential social or cultural functions -- such as providing its citizens adequate health care or basic educations.

This issue will almost certainly require librarians' close attention in the near future.

Exceptions and Limitations

As was shown in Module 2: The International Framework , all of the international copyright agreements permit countries to make certain exceptions to the rights we have described thus far. Every country has indeed made such exceptions. The purposes of these exceptions vary. Some are justified by the need to respect freedom of expression or privacy. Others are intended to prevent copyright law from frustrating rather than fostering creativity. Still others recognize the impossibility of monitoring and charging for some uses. The list of exceptions is very long. In general, the exceptions should be considered just as important as the rights they qualify. Together, they are intended to strike a balance between the interests of authors and the interests of users and the public at large. For this reason, it is sometimes said that the exceptions create "user rights."

The exceptions take one of two forms. Exceptions of the first type identify specific permissible activities. An influential example of this approach is Article 5 of the EU Copyright Directive . Section 2 of that article authorizes EU member countries to provide for the following exceptions to the right of reproduction:

(a) in respect of reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects, with the exception of sheet music, provided that the rightholders receive fair compensation;

(b) in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation which takes account of the application or non-application of technological measures referred to in Article 6 to the work or subject-matter concerned;

(c) in respect of specific acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage;

(d) in respect of ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts; the preservation of these recordings in official archives may, on the grounds of their exceptional documentary character, be permitted;

(e) in respect of reproductions of broadcasts made by social institutions pursuing non-commercial purposes, such as hospitals or prisons, on condition that the rightholders receive fair compensation.''

Section 3 then authorizes member states to create any of the following exceptions both to the right of reproduction and to the right to communicate or make works available to the public:

(a) use for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author's name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved;

(b) uses, for the benefit of people with a disability, which are directly related to the disability and of a non-commercial nature, to the extent required by the specific disability;

(c) reproduction by the press, communication to the public or making available of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author's name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author's name, is indicated, unless this turns out to be impossible;

(d) quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, that, unless this turns out to be impossible, the source, including the author's name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose;

(e) use for the purposes of public security or to ensure the proper performance or reporting of administrative, parliamentary or judicial proceedings;

(f) use of political speeches as well as extracts of public lectures or similar works or subject-matter to the extent justified by the informatory purpose and provided that the source, including the author's name, is indicated, except where this turns out to be impossible;

(g) use during religious celebrations or official celebrations organised by a public authority;

(h) use of works, such as works of architecture or sculpture, made to be located permanently in public places;

(i) incidental inclusion of a work or other subject-matter in other material;

(j) use for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event, excluding any other commercial use;

(k) use for the purpose of caricature, parody or pastiche;

(l) use in connection with the demonstration or repair of equipment;

(m) use of an artistic work in the form of a building or a drawing or plan of a building for the purposes of reconstructing the building;

(n) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections;

(o) use in certain other cases of minor importance where exceptions or limitations already exist under national law, provided that they only concern analogue uses and do not affect the free circulation of goods and services within the Community, without prejudice to the other exceptions and limitations contained in this Article.

Many of these exceptions plainly benefit the libraries (and their users) in the EU countries that have recognized them. Especially noteworthy are the exceptions for "specific acts of reproduction made by publicly accessible libraries" so long as they are not for "economic or commercial advantage" and "uses for the benefit of people with a disability."

That said, the set of exceptions contained in Article 5 of the EU Copyright Directive is surely not the only example of the enumerated-list approach. The three-step test, discussed in Module 2 , gives individual countries considerably more latitude in selecting exceptions and limitations than the EU has exercised. Some countries have gone a good deal further.

The second general approach is to state some general guidelines for permissible uses and then delegate to the courts responsibility for applying those factors to individual cases. The premier example of this approach is the fair use doctrine in the United States, which is embodied in section 107 of the U.S. Copyright Act:

Notwithstanding the [statutory provisions granting copyright holders exclusive rights], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Courts in the United States have relied on this provision to recognize exceptions for a wide range of activities, including the making of a parody of a copyrighted work, reproducing a portion of a copyrighted work for the purpose of scholarship, and using a videocassette recorder to record a television program or movie for viewing at a later time.

In between these two general approaches is a strategy sometimes known as "fair dealing." A good example is the system used in Australia. The Australian Copyright Act (as amended in 2006) identifies some broad circumstances in which an unauthorized use of a copyrighted work might be considered fair: research, criticism or review, news reporting, legal advice, and parody or satire. Merely falling into one of these boxes does not mean, however, that a particular activity will be deemed fair. Rather, the courts consider individual cases by consulting a set of factors that loosely parallel the factors used in the US system. In general, the courts will excuse conduct within these boxes if they deem it appropriate "judged by the criterion of a fair minded and honest person." The Australian approach is generally thought to be less unpredictable -- but also less flexible -- than the US approach.

A separate and nearly universal exception to the rights of a copyright holder is the first sale doctrine. The first sale doctrine says that once a consumer has lawfully purchased a copy of a copyrighted work, the copyright holder no longer has the ability to control that particular copy. For this reason, resale, lending, or rental of a lawfully purchased copyrighted work is generally permissible. However, countries can impose certain limitations on these rights. They may restrict or require compulsory licenses for certain uses of copyrighted works. For example, as indicated above, a nation may prohibit the rental of goods that are easily and frequently copied, such as software or phonorecords. Additionally, a nation may require that the author of the work be paid a certain fee upon resale of a copy of a copyrighted work. (This so-called "droit de suite" only exists in a few jurisdictions, and even there only applies to unique works of fine art.)

The operation of the first sale doctrine is less intuitive with digital works. This is because what may seem like normal use from a consumer’s perspective may actually involve the making of additional digital copies. This in turn could be prohibited by the author’s exclusive right of reproduction. For example, if a consumer purchases a CD, she can listen to it on any CD player without worrying about infringing the author’s copyright. She can also, because of the first sale doctrine, lend that CD to a friend who can listen to it on a CD player and then give it back, without worrying about infringing the author’s rights. However, if that same consumer purchases a sound recording online, listens to it, and then emails a copy to a friend, she will have violated the copyright law (even if she deletes her original copy) because the original recording has been “reproduced.” There remains a serious policy question as to whether the first sale doctrine to govern such cases, but as yet that has not occurred.

Library Exceptions

Last but not least, the copyright laws of many countries contain exceptions or limitations designed to enable librarians to use copyrighted materials in ways that advance their missions. These provisions vary widely by country. For a thorough review of the library exceptions in limitations in 128 countries, you should consult Kenneth Crews’s Study on Copyright Limitations and Exceptions for Libraries and Archives .

Set forth below are descriptions of some common situations in which librarians need flexibility in using copyrighted materials, plus summaries of the ways in which many countries deal with those situations.

Allowing Library Patrons to Use the Library’s Copy Machines or Other Copy Equipment

Patrons frequently wish to make copies of excerpts of library-owned materials. Unless the book or article the patron is copying is in public domain, such copying is regulated by the country’s copyright statute. If the copying exceeds the maximum set by other exceptions and limitations, the patron may be committing copyright infringement. In some situations, absent a statutory or other safe harbor, the library could be held secondarily or indirectly liable for allowing the infringement to take place by providing the equipment. (The concepts of secondary and indirect liability will be discussed in more detail in Module 7 .)

Fortunately, many countries have enacted specific statutory provisions that shield librarians and libraries from liability for copyright infringement committed by patrons who use photocopiers or other equipment the library provides. To qualify for the statutory exemption, libraries typically must post a notice and a disclaimer, stating that the making of photocopies or other reproductions is governed by copyright law, and that the person using the equipment is liable for any infringement.

Making Copyrighted Materials Available on the Library's Computers

Libraries sometimes make materials available to the public on computers. For example, they sometimes operate websites and post on those websites materials that the public at large can reach via the Internet. If those materials are subject to copyright, and if the library fails to obtain permission for displaying them, it may be subject to liability. However, many countries have enacted so-called “safe harbor” exceptions to limit the liability of online service providers. To the extent that universities and libraries may be considered such providers, they are shielded from liability, as long as they comply with the procedures set forth in each country’s laws.

Making Copies for Library Patrons

Library patrons often ask librarians to make copies of copyrighted materials for their personal use. Many countries provide statutory exceptions that permit librarians to make limited copies for this purpose. Some allow such reproductions only for certain specified classes of works such as periodicals, while others make no such distinctions. Further, some countries only permit copying for purposes such as research, while others do not have this limitation.

By way of example, the United Kingdom allows librarians to make copies of articles in periodicals, but limits such copying to a single article per issue, and requires the patron to prove that the copy is for private noncommercial research or study. Canada, on the other hand, does not have the single-article restriction, but does limit the reproduction exception to articles published in scholarly, scientific, or technical journals. Canada also excludes works of fiction, poetry, etc. from the class of works that may be copied.

Making Digital Copies for Preservation and Replacement

Librarians are permitted, in certain circumstances, to make copies of library materials for their preservation or replacement. These circumstances are typically tightly regulated by local copyright statutes. Many countries permit copying as long as:

  • the library owns the original work
  • the work is publicly accessible
  • the original is at risk for damage or deterioration, is in obsolete format, or cannot be viewed because of the conditions in which it must be kept.

The permitted reproduction is often limited to a small number of copies. If an appropriate copy is commercially available, the right to reproduce for preservation or replacement is typically limited. Further, copying is often limited to paper reproduction, and copies made in digital format typically may not be made available to the public outside of the library premises.

Creating Course Packs for Students

University librarians are sometimes asked to create “course packs.” Course packs are typically a collection of excerpts from journals, articles, book chapters, and so forth that a teacher assigns for students enrolled in a particular course.

In the United States, many universities used to assemble course packs without obtaining permission from the copyright holders of the individual articles, believing that such copying qualified for the “fair use” exception for academic purposes. However, court decisions in the 1990s held that the preparation and sale of such course packs by commercial "copy shops" did not constitute fair use. It is not certain that those decisions would apply to universities, but the lawyers advising most universities have taken a cautious approach. At their urging, most US universities have now adopted systems for obtaining licenses to all materials included in course packs.

It is possible that a country that, unlike the United States, relies upon a list of specific exceptions and limitations, rather than a general fair use doctrine, to set the limits of copyright protection may have a specific provision that authorizes the creation of course packs. If not, librarians in such a country must obtain a written license from the copyright holders in order to create course packs. To reduce the administrative burden of seeking permission from many different copyright holders, librarians may wish to contract with collective management organizations like those described in Module 5 . These private services who enter into affiliations with academic publishers and obtain blanket clearance licenses for the publisher’s entire catalog, or enter into agreements with a collective management organization representing publishers.

Adapting Materials for the Blind, Visually Impaired and other Reading Disabled Persons

In most countries, specific exemptions allow librarians to provide modified copies of works to serve the needs of visually impaired patrons. A more detailed discussion of the copyright exception for visually impaired persons can be found in Judith Sullivan’s report of the Fifteenth Session of the WIPO Standing Committee on Copyright and Related Rights, which is available here . This situation may change soon if a treaty currently being considered by WIPO is adopted.

Inter-Library Loans

The copyright statutes of some countries contain exceptions for inter-library loans. This enables a library to make a copy of a work for the purpose of lending it to a patron of another library. Sometimes the statutory exception for inter-library loan will require the library to pay a licensing fee in order to make the reproduction, the amount of which is typically determined by the government or a collecting society. In certain countries, such as Australia, New Zealand, and Singapore, a librarian must determine that the article or work is not commercially available before the inter-library loan exception can be invoked.

Similar to inter-library loan statutes are so-called “supply” statutes, which allow a library to make a copy of a work for another library, but do not require that the purpose of the copy be for the private use of a patron. Supply statutes vary among jurisdictions. Some countries (for example, Fiji) require that the librarian first attempt to purchase the work at market value. Others (for example, Antigua) allow such copying only when it is not practicable to purchase a copy. Still others (for example, Ireland) only allow such copying if it would not be reasonable to ask the copyright holder’s permission.

In some cases, a country may not have a specific statutory library exception. Yet libraries may still be entitled to engage in many of the activities described above, if those countries have a broader provision that would permit any citizen, which would include librarians and library patrons, to undertake these activities. This is true, for example, in Iraq and Namibia. Some countries limit their exceptions to a list of designated libraries; in other countries, the exceptions are available to all libraries that meet certain requirements, such as being open to the public and acting for non-commercial purposes.

Compulsory Licenses

In addition to the exceptions and limitations surveyed above, many countries limit the rights of copyright holders with so-called "compulsory licenses." Compulsory licenses are often seen as compromises between the economic interests of copyright holders and the public’s interest in using copyrighted material. For example, Article 13 of the Berne Convention gives countries the authority to impose compulsory licenses for the use of musical compositions. Examples of compulsory licenses existing in some countries include the right of public lending by libraries, and the right of private coping of audio recordings in exchange for a tax on blank CDs. This will be further discussed in Module 5: Managing Rights .

Back to the case study

Unfortunately, unless the compositions in Angela's collection have fallen into the public domain, there is no simple answer to Angela's question. Nadia would be obliged to review the details of the particular system of exceptions and limitations contained in her country's copyright law to ascertain, first, whether she would be permitted to make a digital copy of each piece of sheet music and, second, whether the library would be permitted to post the digital copy of it on the library's servers. It is more likely that the first of these activities would be permitted than that the second activity would be permitted, but neither issue could be definitively resolved without consulting the country's laws.

Additional Resources

In 2001, Siva Vaidhyanathan published Copyrights and Copywrongs: the Rise of Intellectual Property and How It Threatens Creativity . The thesis of this highly accessible book is well captured by its title. For an interview with Vaidhyanathan, in which he summarizes his argument, see Copyrights and Copywrongs((.link_red)) . For a similarly accessible study that takes a much more favorable view of the evolution of the rights and exceptions associated with copyright, see Paul Goldstein, Copyright's Highway: From Gutenberg to the Celestial Jukebox (2003) -- available only in print or via audio download .

The most comprehensive examination of the provisions of each country's copyright laws that provide flexibility to librarians is Kenneth Crews, Study on Copyright Limitations and Exceptions for Libraries and Archives((.link_green)) .

Another highly useful study is International Federation of Library Associations and Institutions, Limitations and Exceptions to Copyright and Neighbouring Rights in the Digital Environment: An International Library Perspective .

Two helpful WIPO studies are WIPO Study on Copyright Limitations and Exceptions for the Visually Impaired and WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment .

Copyright Exceptions in the UK is just what it says.

For a highly accessible study of latitude that filmmakers (particularly in the United States) enjoy when quoting copyrighted material, see Pat Aufderheide and Peter Jaszi, Recut, Reframe, Recycle (Center for Social Media 2008).

The following judicial opinions explore and apply some of the principles discussed in this module:

Larrikin Music v. Men at Work((.link_red)) (Australia 2010) (right of reproduction)

Case C-5/08, Infopaq International A/S v. Danske Dagblades Forening((.link_red)) (right of reproduction)

Gilham v. R, Court of Appeal of England and Wales (Court of Appeal of England and Wales), 2009((.link_green)) (right of reproduction)

J.K. Rowling v. RDR Books, 575 F.Supp.2d 513 (2009)((.link_green)) (derivative works)

Case C-306/05, Sociedad General de Autores y Editores de España (SGAE) v. Rafael Hoteles SA((.link_red)) (Meaning of Communication to the Public)

Case C-479/04, Laserdisken ApS v. Kulturministeriet((.link_red)) (Exhaustion)

Case C-245/00, Stichting ter Exploitatie van Naburige Rechten (SENA) v. Nederlandse Omroep Stichting (NOS)((.link_red)) (Rental Rights – Equitable Remuneration)

Cour de cassation (1re ch. civ.), 28 février 2006, Studio Canal, Universal Pictures video France et SEV c/ S. Perquin et Ufc que Choisir((.link_green)) (Private Copies – Technological Protections)

Sweden: B 13301-06, 17 April 2009 (Pirate Bay Case)((.link_red)) (Meaning of Making Available)

Buffet v. Fersig, Judgment of May 30, 1962, Cour d'appel, Paris, 1962 Recueil Dalloz [D. Jur.] 570 (described in Merryman, The Refrigerator of Bernard Buffet , 27 Hastings L.J. 1023 (1976)) (moral rights)

Campbell v. Acuff Rose Music, Inc., 510 U.S. 569 (1994)((.link_red)) (fair use)

Germany: Bundesverfassungsgericht, Urteil vom 17. Februar 1998, - 1 BvF 1/97((.link_green)) (Right to Short Reporting)

Assignment and discussion questions

Assignment.png

1. Are the restrictions that copyright law places on librarians in your country too strict, too loose or the right balance? Use the references in the list of Additional Resources (below) to locate the list of library exceptions applicable in your own country. Summarize the principal exceptions.

2. Imagine and describe a project that you would like to develop at your library but that would not be permitted by the copyright laws in your country. Draft an amendment to your national copyright statute that would cover this use.

Discussion.png

Comment upon some of the amendment proposals of your colleagues.

Contributors

This module was created by Emily Cox . It was then edited by a team including Sebastian Diaz , William Fisher , Urs Gasser , Adam Holland , Kimberley Isbell , Peter Jaszi , Colin Maclay , Andrew Moshirnia , and Chris Peterson .

Introduction

Course Materials:

  • Module 1: Copyright and the Public Domain
  • Module 2: The International Framework
  • Module 3: The Scope of Copyright Law
  • Module 5: Managing Rights
  • Module 6: Creative Approaches and Alternatives
  • Module 7: Enforcement
  • Module 8: Traditional Knowledge
  • Module 9: Activism

The Rotisserie

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Moral Rights and Performers Rights

Right of attribution, right against false attribution, right of integrity, defence of reasonableness, waiver and assignment.

Creators of copyright have a special right known as “moral rights”, in addition to the rights covered earlier in this topic. Moral rights ensure that:

a creator is credited for their work at all times even if it is sold or assigned;

a creator may take action if their work is falsely attributed (i.e. credited to someone else, or their name is credited incorrectly); and

a work is not treated in a manner that is prejudicial to a creator’s honour or reputation.

Moral rights can only be owned by individuals (not corporations). A creator will hold their moral rights for the entire duration of copyright; moral rights cannot be transferred to anyone else.

The concepts of moral rights and performers rights are still relatively new in Australia, with the first mention of moral rights being introduced by the Copyright Amendment (Moral Rights) Act 2000 (Cth) and additional performers rights being implemented as a result of the US Free Trade Agreement Implementation Act 2004 (Cth). These moral rights protect authors, creators and directors - they protect individuals not the copyright owners. These rights operate parallel to the copyright regime and act as inalienable rights.

The philosophy underpinning moral rights is that creators deserve respect integral to the act of creativity which remains even after copyrights has been assigned.

Video overview by Nicolas Suzor on Moral Rights .

Moral rights were introduced by the Copyright Amendment (Moral Rights) Act 2000 (Cth) which provides that creators are protected from three sources of harm: 1

  • a right of attribution of authorship;
  • rights against false attribution of authorship; and
  • a right of integrity.

As noted above, the moral rights were extended in 2004 to include performers.

Rights Granted to Authors

The right of attribution requires that an author must be identified where attributable acts are done in respect of the work 2 . The right of attribution is also applied to performers. 3

Creators of copyright material have the right to be attributed when the work is:

  • for literary, dramatic, or musical works: reproduced, published, performed, communicated, or adapted.
  • for artistic works: reproduced, published, exhibited, communicated;
  • for films: copied, exhibited, communicated.
  • For performances: communicated, staged, or copied.

If a creator has not stated the way in which he or she wishes to be identified, any clear and reasonably prominent form of identification may be used. 4

Attribution must be clear and reasonably prominent. 5

It is not necessary to attribute the creator if:

  • the creator has consented in writing not to be identified; or
  • it is reasonable in all the circumstances not to identify the author. 6

Authors of literary, dramatic, musical and artistic works and films and performers have the right not to have the authorship of their works falsely attributed. 7

False attribution means:

  • crediting the wrong person as the creator or performer; or
  • crediting the creator of a work that has been altered without acknowledging the alterations.

It is also an infringement of this right to knowingly deal with or communicate a falsely attributed work.

  • NOTE: the reasonableness test is unavailable as a defence.

The right of integrity is the right not to have your work subjected to derogatory treatment. 8

Derogatory treatment means doing anything that results in a material distortion of, the mutilation of, or a material alteration to, the work that is prejudicial to the author’s honour or reputation. It also includes doing anything else in relation to the work that is prejudicial to the author’s honour or reputation. In the case of artistic works, exhibiting in a way or place that is prejudicial to the author’s honour or reputation.

It is not clear to what extent the test for whether a derogatory treatment is prejudicial to the author’s honour or reputation takes into account the author’s subjective view, as opposed to an objective test. To date, there have been no cases in Australia to clarify what this might mean.

It is not an infringement if the derogatory treatment or other action was reasonable. 9

There are special exceptions to infringement of the right of integrity in relation to artistic works (including buildings and architectural drawings).

It is not an infringement of moral rights to destroy a moveable artistic work, if the creator, or the creator’s representative, is given a reasonable opportunity to remove the work. Further it is not an infringement to change, relocate, demolish or destroy a building of which an artistic work forms part, or to which it is affixed, provided certain conditions (including the giving of notice and provision of access for the purpose of making a record and consultation) are met.

It is not an infringement of moral rights to change, relocate, demolish or destroy a building, provided certain conditions (including the giving of notice and provision of access for the purpose of making a record and consultation) are met; or to remove or relocate site-specific artworks, provided certain conditions (including the giving of notice and provision of access for the purpose of making a record and consultation) are met.

It is not an infringement of moral rights to do anything in good faith to restore or preserve a work.

A failure to properly attribute the creator, or a derogatory treatment of copyright work, does not infringe the creator’s rights if the action was reasonable in the circumstances.

The Act sets out a number of factors to be taken into account in working out whether the action was reasonable. These include:

  • the nature of the work;
  • the purpose, manner and context for which it is used;
  • relevant industry practice;
  • whether the work was created in the course of employment or under a contract of service; and
  • if there are two or more authors, their views about the failure to attribute or derogatory treatment.

Video overview by Madeline Menzies-Miha on Moral Rights and Reasonableness

Video overview by Courtney Steffens on Moral Rights and Reasonableness

Moral rights can be waived. This is not explicitly stated in the Act but the term consent is used on several occasions.

Moral rights cannot be assigned. Even after the economic components of copyright have been assigned, the creators still retains the moral rights.

As the moral rights are relatively new, no significant body of case law has been developed in Australia.

Moral rights are loosely derived from the French system of droit moral. The French authorities are not directly relevant, but may serve as an illustration of the types of treatments which may be found to be derogatory in Australia. 10

The case of Perez & Ors v Fernandez involved Perez ‘Pitbull’, the US-based author of the song “Bon, Bon”. Fernandez, a Perth-based DJ, had planned to host Perez on-tour in Australia, and Perez had recorded a promo referring to and supporting Fernandez ‘DJ Suave’. After the tour was cancelled, Fernandez deleted a ‘prominent part’ of the recording, and substituted the previously made recording in a way that “made it appear that Mr Fernandez was a subject of the song”.

The Federal Magistrates Court held that the new recording infringed Perez’s right of integrity on the basis that:

  • It was a material alteration or distortion; and
  • It was also likely to be prejudicial to an audience who were more familiar with Perez’s work, because it mocked Perez and sought to promote Fernandez at Perez’s expense. Fernandez’s use was not reasonable in the circumstances. 11

The case of Schott Musik International Gmbh v Colossal Records Australia involved a a techno remix of a classical musical work and questioned whether this remix ‘debased’ the original. Before the introduction of moral rights, Section 55(2) previously prevented a recording artist from obtaining a statutory licence to record a musical work if the adaptation ‘debases’ the original work.

The Federal Court held that a wide approach should be taken, taking into account the broad spectrum of community tastes and values. At first instance, Tamberlin J considered that “[t]he term ‘debase’ calls for a value judgment based on a significant lowering in integrity, value, esteem or quality of the work.”

Justice Tamberlin considered the evidence, and concluded that the techno remixes did not debase the original, taking into account the lack of reduction in value of the original, the lack of “any widespread perception of reduction in quality, rank or dignity” of the original, the fact that sales and interest in the original may have increased due to the remix, and the fact that the remix “preserves substantial and essential elements of the original intact, communicates a powerful exuberance and rhythmic character quite consistent with the character of the work”.

On appeal, the Full Federal Court used a number of tests: Justice Wilcox stated that, “the adaptation must be so lacking in integrity or quality that it can properly be said to have degraded the original work”. Justice Lindgren noted that “another… way of formulating this question is to ask whether the allegedly infringing arrangement is an impermissible distortion, mutilation or other modification of the musical work. Of course the word ‘impermissible’ itself invokes questions of evaluation and degree”.

The FCAFC held that “‘debase’ is a strong term which requires much more than an opinion, even an expert opinion, that the adaptation is musically inferior”.

Buffet v Fersing (1962) D Jur 570 (Fr)

Bernard Buffet had painted six panels of a refrigerator, and signed only one panel. Fersing bought the refrigerator at a charity auction and resold the panels individually for a profit. Buffet was able to recover damages for infringement of his moral right of integrity because Fersing had mutilated his expression, which was intended to stand as a whole.

Huston v Societe de l’Exploitation de la Cinquieme Chaine (1991) 149 Revue Internationale du Droit d’Auteur 197 (Cour de cassation)

The estate of John Huston successfully sought an injunction against a French television broadcaster to prevent the broadcast of a colourised version of Huston’s black and white film ‘Asphalt Jungle’.

  • An earlier suit brought in the US failed.
  • Material distortion of his work prejudicial to honour or reputation.

Snow v The Eaton Centre Limited (1988) 70 CPR (2d) 105

A Canadian shopping centre had bought a sculpture of 60 flying geese from the plaintiff. When the shopping centre tied Christmas ribbons around the necks of the geese, Snow applied for an injunction. The Ontario High Court ordered that the ribbons be removed, holding that the treatment of the sculpture was prejudicial to Snow’s honour or reputation. Snow said it was prejudicial to his honour – reducing it to crass advertisement of Christmas.

Morrison Leahy Music Limited and another v Lightbond Limited [1993] E.M.L.R. 144.

In 1993, George Michael was granted a preliminary injunction preventing the release of a medley of a number of George Michael’s songs. The Court of Appeal in London found that it was arguable that the remix record could constitute derogatory treatment of George Michael’s works.

Confetti Records v Warner Music [2003] EWCh 1274 (ch) [150]

In 2003, the UK High Court found that there was no infringement of moral rights when rap lyrics were recorded over the top of a remix of an original song, at least without any expert evidence as to what the lyrics actually meant.

There are three main remedies available for breach of moral rights. These include:

An injunction to prevent people from harming a person’s work or to ensure proper attribution for use;

Damages; and

An apology and rectification.

Part IX of the Copyright Act 1968 (Cth)  ↩

CA s 193  ↩

CA s 195ABA  ↩

CA ss 195, 195ABC  ↩

CA s 195AA, 195ABD  ↩

CA ss 195AR, 195AXD  ↩

CA ss 195AC, 195AHA  ↩

CA ss 195AJ-195ALB  ↩

CA ss 195AS and 195AXE  ↩

[2012] FMCA 2  ↩

(1996) 71 FCR 37 (Carmina Burana case), [1997] FCA 531  ↩

  • Practical Law

Moral Rights

Practical law glossary item 9-506-4493  (approx. 3 pages).

  • Attribution, meaning the right to be credited as the author of a work.
  • Integrity, meaning the right to control some modifications to and destruction of a work.
  • United States

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)

assignment of moral rights

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Don Wright, Pulitzer Prize-winning Palm Beach Post cartoonist, dies at 90

assignment of moral rights

Don Wright, the former Palm Beach Post editorial cartoonist whose searing, meticulously crafted illustrations made him one of the most renowned political cartoonists of his era, died last month at his home in West Palm Beach. He was 90.

Syndicated in newspapers around the world and lauded with two Pulitzer Prizes , Wright challenged readers for a half-century with pointed barbs at world leaders, subtle humor and a distaste for hypocrisy that imbued his art with moral clarity.

His targets included presidents, congressmen, world leaders, sports figures and even religious icons. His depiction of Miami Dolphins coach Jimmy Johnson on a cross drew howls of sacrilege from some corners, as did his depiction of a menorah with missiles in the place of candles, a commentary on Israel’s military support for South Africa’s Apartheid regime.

But his talent for distilling complex global affairs into deftly drawn images attracted legions of admirers in both the general public and among his fellow cartoonists.

"For an aspiring cartoonist growing up in Florida in the mid-80s, Don Wright was a mythical figure,” said Rick McKee, a syndicated cartoonist. “His concepts and humor were sublime and his draftsmanship was simply perfection. Not a line was extraneous or wasted.”

Mr. Wright’s political views were unabashedly liberal. But his interests and subjects often outpaced the liberal consensus of his time.

He was an early critic of the Catholic Church’s cover-up of sexual predators among its clergy, recalled Eddie Sears, The Post’s editor from 1985 to 2005.

At the beginning of his cartooning career, he was a prescient critic of the Vietnam War, an overseas conflict that had a special resonance for him after serving as a drafted Army photographer.

But what set him apart more than anything, former colleagues say, was the obsessive perfectionism of his craftmanship.

“Within that rectangle on the editorial page, Don was a genius,” recalled Randy Schultz, the Post’s editorial page editor from 1990 to 2013. “He could convey so much, and I thought his best cartoons were the ones that didn’t have any words in them. He could convey so much with just the drawing. He really was just obsessive about that.”

Wright was born in 1934 in Los Angeles and moved to Miami as a boy, where he attended Miami Edison High School.

He joined the Miami News as a copy boy in 1952 and eventually became a photographer for the paper, according to a biography at Syracuse University’s Special Collections Research Center, which maintains a collection of his cartoons and correspondences.

As a photographer he took iconic photos of Mohammad Ali and Elvis Presley. He was on assignment for the paper in Cuba when the Cuban revolution began in 1953.

But both in childhood and his early newspapering days, he had been an incessant drawer and sketcher, and he began pressing the Miami News to let him publish editorial cartoons.

“He was always drawing, he was always scribbling,” recalled his wife, Carolyn Wright, a reporter at the Miami News when they met. “The drawing was an innate desire. It was there, it was natural. It was in him and it was something that he had to get out.”

He was drafted into the Army, where he served as a photographer. After a two-year stint he returned to the Miami News as a graphics editor and by the early 1960s had persuaded the paper to publish his cartoons.

In 1966, he won his first Pulitzer Prize for Editorial Cartooning , for a cartoon that captured the era’s Cold War anxieties. In it, two men in tattered rags cross paths between two enormous craters on what appears to be an old battlefield. One asks the other simply, “You mean you were bluffing?”

Fourteen years later, in 1980, he won his second Pulitzer, putting him in rarefied company. Only a handful of cartoonists have won the award multiple times. In addition to the two prizes, he was also a finalist for the prize five times.

When the Miami News closed in 1988, Wright joined several colleagues in migrating north to The Post, a sister paper at the time in the Cox Newspapers chain. By then he was massive figure in the editorial cartooning world, syndicated in newspapers around the country.

“It was kind of a feather in our cap,” said Tom Giuffrida, the Post’s publisher from 1985 to 2008. “We weren’t the biggest paper in the country, but we had one of the best cartoonists in the country working for us. That was a point of pride.”

In The Post’s West Palm Beach newsroom, Wright cut a distinctive figure. Shy to the point of curtness, he worked in a private studio, laboring with obsessive focus to perfect his etchings. A night owl who eschewed distractions, he would arrive at work in the afternoon and draw until 5 a.m., leaving only to have dinner with his wife.

He worked late hours with such regularity that his wife recalled that prostitutes who walked the stretch of Dixie Highway where The Post’s office sits came to recognize his car and would wave in greeting, night workers passing in the pre-dawn hours.

“His was a work process that was a throwback to the old days,” Carolyn Wright recalled. “Sometimes he would work 12 to 18 hours a day to get the drawings exactly the way he wanted them. Nobody told him to work those hours, but he was such a total perfectionist that he would not let it go from his hands.”

Appearing in newspapers internationally, his cartoons could provoke outrage from offended readers. Schultz recalled days of angry phone calls after some of his more incendiary works.

But Wright remained uncowed.

“He wasn’t afraid to get into anything and express his opinion,” said Sears, The Post’s longtime executive editor. “But he could do it both seriously and he could do it with great humor.”

Wright left the paper in 2008, by then 74 years old and a gigantic figure in his field. For several more years he continued to publish syndicated cartoons for Tribune Media Services.

In an article about his retirement from The Post, Wright said that while his cartoons often carried a punchline, humor was never the intention.

"I'm sometimes baffled by the number of readers who believe that cartoons should be lightweight and entertainingly 'funny,’” he said. “Humor has a lot of relatives — wry, subtle, slapstick and even black — all aimed at the endless Iraq War, inept and corrupt politicians, rising unemployment, recession, Americans losing their homes, and on and on.”

 "But think about it for a moment,” he added. “How funny are those?"

For all of his eviscerations of politicians, though, he said the cartoon that provoked the strongest reaction was of a very different sort. It was a drawing marking Walt Disney’s death in 1966, a depiction of several Disney characters crying.

Decades later, he recalled, he still would receive warm reactions to it.

In retirement he continued to pursue his lifelong love of tennis and worked hard to keep up his physical fitness, doing daily pushups well into his 80s. He died March 24 of natural causes.

He is survived by his wife, Carolyn; and a brother, David. His family is holding a private funeral and is planning a public memorial service to be held at a later date.

Andrew Marra is a reporter at The Palm Beach Post. Reach him at [email protected] .

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40 facts about elektrostal.

Lanette Mayes

Written by Lanette Mayes

Modified & Updated: 02 Mar 2024

Jessica Corbett

Reviewed by Jessica Corbett

40-facts-about-elektrostal

Elektrostal is a vibrant city located in the Moscow Oblast region of Russia. With a rich history, stunning architecture, and a thriving community, Elektrostal is a city that has much to offer. Whether you are a history buff, nature enthusiast, or simply curious about different cultures, Elektrostal is sure to captivate you.

This article will provide you with 40 fascinating facts about Elektrostal, giving you a better understanding of why this city is worth exploring. From its origins as an industrial hub to its modern-day charm, we will delve into the various aspects that make Elektrostal a unique and must-visit destination.

So, join us as we uncover the hidden treasures of Elektrostal and discover what makes this city a true gem in the heart of Russia.

Key Takeaways:

  • Elektrostal, known as the “Motor City of Russia,” is a vibrant and growing city with a rich industrial history, offering diverse cultural experiences and a strong commitment to environmental sustainability.
  • With its convenient location near Moscow, Elektrostal provides a picturesque landscape, vibrant nightlife, and a range of recreational activities, making it an ideal destination for residents and visitors alike.

Known as the “Motor City of Russia.”

Elektrostal, a city located in the Moscow Oblast region of Russia, earned the nickname “Motor City” due to its significant involvement in the automotive industry.

Home to the Elektrostal Metallurgical Plant.

Elektrostal is renowned for its metallurgical plant, which has been producing high-quality steel and alloys since its establishment in 1916.

Boasts a rich industrial heritage.

Elektrostal has a long history of industrial development, contributing to the growth and progress of the region.

Founded in 1916.

The city of Elektrostal was founded in 1916 as a result of the construction of the Elektrostal Metallurgical Plant.

Located approximately 50 kilometers east of Moscow.

Elektrostal is situated in close proximity to the Russian capital, making it easily accessible for both residents and visitors.

Known for its vibrant cultural scene.

Elektrostal is home to several cultural institutions, including museums, theaters, and art galleries that showcase the city’s rich artistic heritage.

A popular destination for nature lovers.

Surrounded by picturesque landscapes and forests, Elektrostal offers ample opportunities for outdoor activities such as hiking, camping, and birdwatching.

Hosts the annual Elektrostal City Day celebrations.

Every year, Elektrostal organizes festive events and activities to celebrate its founding, bringing together residents and visitors in a spirit of unity and joy.

Has a population of approximately 160,000 people.

Elektrostal is home to a diverse and vibrant community of around 160,000 residents, contributing to its dynamic atmosphere.

Boasts excellent education facilities.

The city is known for its well-established educational institutions, providing quality education to students of all ages.

A center for scientific research and innovation.

Elektrostal serves as an important hub for scientific research, particularly in the fields of metallurgy, materials science, and engineering.

Surrounded by picturesque lakes.

The city is blessed with numerous beautiful lakes, offering scenic views and recreational opportunities for locals and visitors alike.

Well-connected transportation system.

Elektrostal benefits from an efficient transportation network, including highways, railways, and public transportation options, ensuring convenient travel within and beyond the city.

Famous for its traditional Russian cuisine.

Food enthusiasts can indulge in authentic Russian dishes at numerous restaurants and cafes scattered throughout Elektrostal.

Home to notable architectural landmarks.

Elektrostal boasts impressive architecture, including the Church of the Transfiguration of the Lord and the Elektrostal Palace of Culture.

Offers a wide range of recreational facilities.

Residents and visitors can enjoy various recreational activities, such as sports complexes, swimming pools, and fitness centers, enhancing the overall quality of life.

Provides a high standard of healthcare.

Elektrostal is equipped with modern medical facilities, ensuring residents have access to quality healthcare services.

Home to the Elektrostal History Museum.

The Elektrostal History Museum showcases the city’s fascinating past through exhibitions and displays.

A hub for sports enthusiasts.

Elektrostal is passionate about sports, with numerous stadiums, arenas, and sports clubs offering opportunities for athletes and spectators.

Celebrates diverse cultural festivals.

Throughout the year, Elektrostal hosts a variety of cultural festivals, celebrating different ethnicities, traditions, and art forms.

Electric power played a significant role in its early development.

Elektrostal owes its name and initial growth to the establishment of electric power stations and the utilization of electricity in the industrial sector.

Boasts a thriving economy.

The city’s strong industrial base, coupled with its strategic location near Moscow, has contributed to Elektrostal’s prosperous economic status.

Houses the Elektrostal Drama Theater.

The Elektrostal Drama Theater is a cultural centerpiece, attracting theater enthusiasts from far and wide.

Popular destination for winter sports.

Elektrostal’s proximity to ski resorts and winter sport facilities makes it a favorite destination for skiing, snowboarding, and other winter activities.

Promotes environmental sustainability.

Elektrostal prioritizes environmental protection and sustainability, implementing initiatives to reduce pollution and preserve natural resources.

Home to renowned educational institutions.

Elektrostal is known for its prestigious schools and universities, offering a wide range of academic programs to students.

Committed to cultural preservation.

The city values its cultural heritage and takes active steps to preserve and promote traditional customs, crafts, and arts.

Hosts an annual International Film Festival.

The Elektrostal International Film Festival attracts filmmakers and cinema enthusiasts from around the world, showcasing a diverse range of films.

Encourages entrepreneurship and innovation.

Elektrostal supports aspiring entrepreneurs and fosters a culture of innovation, providing opportunities for startups and business development.

Offers a range of housing options.

Elektrostal provides diverse housing options, including apartments, houses, and residential complexes, catering to different lifestyles and budgets.

Home to notable sports teams.

Elektrostal is proud of its sports legacy, with several successful sports teams competing at regional and national levels.

Boasts a vibrant nightlife scene.

Residents and visitors can enjoy a lively nightlife in Elektrostal, with numerous bars, clubs, and entertainment venues.

Promotes cultural exchange and international relations.

Elektrostal actively engages in international partnerships, cultural exchanges, and diplomatic collaborations to foster global connections.

Surrounded by beautiful nature reserves.

Nearby nature reserves, such as the Barybino Forest and Luchinskoye Lake, offer opportunities for nature enthusiasts to explore and appreciate the region’s biodiversity.

Commemorates historical events.

The city pays tribute to significant historical events through memorials, monuments, and exhibitions, ensuring the preservation of collective memory.

Promotes sports and youth development.

Elektrostal invests in sports infrastructure and programs to encourage youth participation, health, and physical fitness.

Hosts annual cultural and artistic festivals.

Throughout the year, Elektrostal celebrates its cultural diversity through festivals dedicated to music, dance, art, and theater.

Provides a picturesque landscape for photography enthusiasts.

The city’s scenic beauty, architectural landmarks, and natural surroundings make it a paradise for photographers.

Connects to Moscow via a direct train line.

The convenient train connection between Elektrostal and Moscow makes commuting between the two cities effortless.

A city with a bright future.

Elektrostal continues to grow and develop, aiming to become a model city in terms of infrastructure, sustainability, and quality of life for its residents.

In conclusion, Elektrostal is a fascinating city with a rich history and a vibrant present. From its origins as a center of steel production to its modern-day status as a hub for education and industry, Elektrostal has plenty to offer both residents and visitors. With its beautiful parks, cultural attractions, and proximity to Moscow, there is no shortage of things to see and do in this dynamic city. Whether you’re interested in exploring its historical landmarks, enjoying outdoor activities, or immersing yourself in the local culture, Elektrostal has something for everyone. So, next time you find yourself in the Moscow region, don’t miss the opportunity to discover the hidden gems of Elektrostal.

Q: What is the population of Elektrostal?

A: As of the latest data, the population of Elektrostal is approximately XXXX.

Q: How far is Elektrostal from Moscow?

A: Elektrostal is located approximately XX kilometers away from Moscow.

Q: Are there any famous landmarks in Elektrostal?

A: Yes, Elektrostal is home to several notable landmarks, including XXXX and XXXX.

Q: What industries are prominent in Elektrostal?

A: Elektrostal is known for its steel production industry and is also a center for engineering and manufacturing.

Q: Are there any universities or educational institutions in Elektrostal?

A: Yes, Elektrostal is home to XXXX University and several other educational institutions.

Q: What are some popular outdoor activities in Elektrostal?

A: Elektrostal offers several outdoor activities, such as hiking, cycling, and picnicking in its beautiful parks.

Q: Is Elektrostal well-connected in terms of transportation?

A: Yes, Elektrostal has good transportation links, including trains and buses, making it easily accessible from nearby cities.

Q: Are there any annual events or festivals in Elektrostal?

A: Yes, Elektrostal hosts various events and festivals throughout the year, including XXXX and XXXX.

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Our commitment to delivering trustworthy and engaging content is at the heart of what we do. Each fact on our site is contributed by real users like you, bringing a wealth of diverse insights and information. To ensure the highest standards of accuracy and reliability, our dedicated editors meticulously review each submission. This process guarantees that the facts we share are not only fascinating but also credible. Trust in our commitment to quality and authenticity as you explore and learn with us.

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dateandtime.info: world clock

Current time by city

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Geographic coordinates of Elektrostal, Moscow Oblast, Russia

City coordinates

Coordinates of Elektrostal in decimal degrees

Coordinates of elektrostal in degrees and decimal minutes, utm coordinates of elektrostal, geographic coordinate systems.

WGS 84 coordinate reference system is the latest revision of the World Geodetic System, which is used in mapping and navigation, including GPS satellite navigation system (the Global Positioning System).

Geographic coordinates (latitude and longitude) define a position on the Earth’s surface. Coordinates are angular units. The canonical form of latitude and longitude representation uses degrees (°), minutes (′), and seconds (″). GPS systems widely use coordinates in degrees and decimal minutes, or in decimal degrees.

Latitude varies from −90° to 90°. The latitude of the Equator is 0°; the latitude of the South Pole is −90°; the latitude of the North Pole is 90°. Positive latitude values correspond to the geographic locations north of the Equator (abbrev. N). Negative latitude values correspond to the geographic locations south of the Equator (abbrev. S).

Longitude is counted from the prime meridian ( IERS Reference Meridian for WGS 84) and varies from −180° to 180°. Positive longitude values correspond to the geographic locations east of the prime meridian (abbrev. E). Negative longitude values correspond to the geographic locations west of the prime meridian (abbrev. W).

UTM or Universal Transverse Mercator coordinate system divides the Earth’s surface into 60 longitudinal zones. The coordinates of a location within each zone are defined as a planar coordinate pair related to the intersection of the equator and the zone’s central meridian, and measured in meters.

Elevation above sea level is a measure of a geographic location’s height. We are using the global digital elevation model GTOPO30 .

Elektrostal , Moscow Oblast, Russia

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