Copyright Infringement in Israel

What does copyright protect in Israel?
In Israel, copyright protects original works belonging to 5 categories: artistic works (for example painting or sculpture), literary works (such as books or texts), dramatic works (such as films and plays), musical works (instruments and songs) as well as recordings in various formats ( For example in podcasts, digital courses and more). The protection also includes internet works including: internet content, photographs, images, website designs and more.

What is copyright infringement?
Copyright infringement in Israel includes performing actions on a work such as copying (in all media), publishing, renting, duplicating, broadcasting, making the work available to the public, publishing, performing in public, creating adaptations, etc. – without the permission of the copyright holder. The owner of the infringed rights is entitled to claim compensation from the infringer of the rights, even if he has not suffered any damage.

It should be noted that copyright infringement in Israel also includes partial use of the work, as long as the court determines that the use made of the work is substantial enough. In addition, indirect infringement, such as the sale of counterfeit works as well as allowing the use of a work in which the licensor does not have copyright, are considered copyright infringement. If the copyright infringement was done in good faith, it is still legally considered an infringement, but the court may take into account the fact that the infringement was done in good faith, when determining the compensation rate.

Fair use of copyright

There are several situations in which a work can be used without the permission of the creator without this being considered a copyright infringement in Israel, and without requiring the users to pay the creator royalties or any consideration. In these situations, referred to as “fair use”, it is determined that since the use promotes the public interest, the protection of copyrights can be reduced in them, and they include, among others: use of the work for research purposes, self-study, journalistic reporting, criticism or review, quotations and Study and examination by educational institutions.

What can be done against copyright infringement in Israel?

In the case of copyright infringement in Israel, the law provides the right holder with several remedies:
Preventive remedy whose purpose is to prevent the continued unauthorized use of the work by means of a temporary or permanent injunction
and financial relief – through a compensation claim, when for the purpose of a compensation claim of up to 100,000 there is no obligation to prove that the owner of the rights suffered damage. And if the owner of the rights wishes to claim higher compensation, the court will decide on the amount of compensation considering the circumstances of the case, including the severity of the infringement, the degree of good faith of the infringer and the ability of the owner of the rights to prove the amount of damage caused to him.

Copyrights on photos and photographs published online

Since an image, including images published on the Internet, is considered a copyright-protected work, you must not use images that you do not own without obtaining permission or a license from the owner of the rights therein, and using an image or photograph published on the Internet, without permission, constitutes a copyright infringement.
In order to use images and photographs without infringing their copyrights, you must obtain written permission detailing the permitted uses of it, from the owner of the rights in the work or purchase a license suitable for the needs of the use you intend to make of the work.

It will also be emphasized that administrators of online forums and groups are not obligated to check every image and every license, but they are required to act and reduce copyright infringement, and therefore it is recommended that they have regulations that say that no content that infringes copyrights can be uploaded to the group.

We note that unauthorized publication of photos from the Internet on private websites and on social networks is very common today, and at the same time, enforcement and punishment for those who infringe the copyrights of photos and photographs is increasing. The copyright law states that anyone who sells, rents or distributes an unauthorized copy of an image from a website can be sentenced to three years in prison as well as fines.

Copyright on works commissioned from a professional

When ordering work from a creative professional such as a graphic designer, photographer, etc., the default is that the rights belong to him unless it is written in the contract that the client owns the property. At the same time, an event photographer is not authorized to use the photos he took at the event, unless he anchored this in advance in the contract with the client.

Consulting and representation in copyright infringement in Israel and abroad

Due to the complexity of the copyright issue and in particular the high legal exposure to the risks of copyright infringement on the Internet, in any case of infringement of rights, if your rights have been infringed or it is alleged against you that you have infringed copyrights, it is recommended to consult without delay with an intellectual property attorney specializing in the field.
As a leading firm of lawyers and patent attorneys in the field of intellectual property, our team has over 30 years of experience and great expertise in copyright law, copyright registration and representation of hundreds of clients in copyright infringement claims in Israel and abroad, requests for injunctions, infringement compensation claims, protection in infringement claims , providing an opinion regarding the use of works and mediation and arbitration procedures related to copyright infringement.

*The aforementioned in this article and on the website in general should not be considered as legal advice and the things written in it should not be considered as a substitute for individual legal advice, but a personal opinion and/or a general explanation only. Of course, you should not rely on and/or act in accordance with the above without individual legal advice from an attorney

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