Copyright Protection and Infringement in Israel

What Does Copyright Protect in Israel?

In Israel, copyright protects original works in 5 categories:

1. Artistic works (e.g., paintings, sculptures)
2. Literary works (e.g., books, texts)
3. Dramatic works (e.g., films, plays)
4. Musical works (e.g., melodies, songs)
5. Recordings in various formats (e.g., podcasts, digital courses)

Protection also extends to internet-based works including:

– Internet content

– Photographs

– Images

– Website designs

What Constitutes Copyright Infringement?

Copyright infringement in Israel includes performing actions with a work without the copyright owner’s permission, such as:

– Copying (in any media)

– Publishing

– Renting

– Duplicating

– Broadcasting

– Making the work available to the public

– Public performance

– Creating adaptations

The rights owner can claim damages from the infringer even if no harm was caused.

Important notes:

– Partial use of a work can constitute infringement if the court determines the use is substantial enough

– Indirect infringement, such as selling counterfeit works or allowing use of a work without having copyright rights, also constitutes infringement

– Good faith infringement is still legally considered infringement, though courts may consider this when determining compensation

Fair Use of Copyrighted Works

Certain situations allow use of a work without the creator’s permission without constituting copyright infringement and without requiring royalty payments. These “fair use” situations, where copyright protection can be limited due to public interest, include:

– Research purposes

– Self-study

– Journalistic reporting

– Critique or review

– Quote citations

– Educational institution teaching and examination

Legal Remedies Against Copyright Infringement in Israel

The law provides several remedies for copyright infringement:

Preventive Relief

– Aimed at stopping unauthorized use through temporary or permanent injunction

Monetary Relief

– Damages claims up to 100,000 NIS without proving harm

– Higher damages possible based on:

– Case circumstances

– Infringement severity

– Infringer’s good faith

– Rights owner’s ability to prove damage amount

Copyright for Online Images and Photographs

Since photographs, including those published online, are protected works:

– Usage without ownership requires permission or license from rights owner

– Unauthorized use constitutes copyright infringement

– Written permission specifying allowed uses or appropriate license required

– Forum and group administrators should have regulations prohibiting copyright-infringing content

– Unauthorized publishing of online images is common but enforcement and penalties are increasing

– Law allows three-year imprisonment and fines for unauthorized distribution

Copyright for Commissioned Works

When commissioning work from professionals (graphic designers, photographers, etc.):

– Default rights belong to creator unless contract specifies client ownership

– Event photographers cannot use photos without prior contractual agreement

Legal Consultation and Representation

Due to copyright complexity and high legal exposure to online infringement risks, it’s recommended to consult an IP attorney specializing in the field for any infringement cases, whether your rights were infringed or you’re accused of infringement.

As a leading intellectual property law and patent firm, our team has over 30 years of experience and extensive expertise in:

– Copyright law

– Copyright registration

– Representing hundreds of clients in copyright infringement claims in Israel and abroad

– Injunction requests

– Infringement compensation claims

– Infringement defense

– Work usage opinions

– Mediation and arbitration proceedings 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

For any questions on this topic, contact us