Copyright in Israel – Guide and FAQs
?What types of works are protected under Israeli copyright law
The Israeli copyright law defines the following protectable works:
Literary works – e.g., novels, song lyrics or software.
Artistic works – e.g., paintings or sculptures.
Dramatic works – e.g., movies or theater shows.
Musical works – e.g., melodies or arrangements.
Sound recordings – the particular recording of a musical work.
The list of types of works is exhaustive. However, the law does not provide exhaustive lists with respect to each type.
?What are the conditions for copyright protection under Israeli law
The work should meet the condition of "originality", which according to case law means that the work has to be:
- Created by a natural person;
- the result of some labor/investment of any resources (time, talent, funds, knowledge, judgment etc.);
- includes an element of creativity.
The threshold for meeting either effort or creativity conditions is minimal.
The law further requires that the work must be "fixed". Meaning, a typed document or a Word file (song lyrics or novels), a video (plays and movies), recording or tab sheet (music) etc.
?Does Israeli copyright law require registration of rights
No, and voluntary registration is not available.
?Are moral rights recognized in Israel
Yes, with respect to the following:
- The right to be properly credited for your work;
- The right of the integrity of the work – meaning that the work is not modified or used in a way which is prejudicial to the author's dignity or good name.
?Does the Israeli Copyright Law include statutory damages
Yes, up to 100,000 ILS (approx. 30,000US$) per infringement of either the copyright itself or the moral right.
However, the term "per infringement" is not necessarily "per work". For example, the copying of several photos into one web page may be considered a single infringement.
?What are the "permitted uses" under Israeli copyright law
Israeli copyright law includes an entire chapter of specific permitted uses. Those include use in legal or administrative proceedings; incidental uses; copying software for backups; public performance in educational activities and others.
This chapter also incorporates the defense of "fair use". The list of specific fair uses indicated in the language of the law is not exhaustive (such as private study, research, criticism, review or journalistic report).
The main principles employed for finding fair use are:
- Purpose of the use – those indicated above and others. Generally, uses with moral or social contribution will support a fair use claim.
- Nature of the use – for example, commercial or non-commercial; innovative or commonly known.
- Nature of the copied work – e.g., the level of creativity of the copied work.
- Scope of the use of the copied work – a substantial part or minor part.
- The effect of the use on the value of the copied work – e.g., use for the sake of commercial competition.
All considerations above are factors and none is decisive in determining fair use.
Works Protected
The Israeli copyright law defines the following protectable works:
Literary works – e.g., novels, song lyrics or software.
Artistic works – e.g., paintings or sculptures.
Dramatic works – e.g., movies or theater shows.
Musical works – e.g., song tunes or arrangements.
Sound recordings – the specific recording of a certain musical work.
The list of types of works is exhaustive. However, the law does not include exhaustive lists with respect to each type.
Conditions to Protection
The work should meet the condition of "originality", which according to case law means that the work has to be:
- Created by a natural person;
- the result of some labor/investment of any resources (time, talent, funds, knowledge, judgment etc.);
- having an element of creativity.
The threshold for meeting either effort or creativity conditions is minimal.
The law further requires that the work will be "fixed". Meaning, a typed document or a Word file (song lyrics or novels), a video (plays and movies), recording or tab sheet (music) etc.
No Rights Registration
Israeli law does not include an obligation to register copyright. In addition, no voluntary registration is available.
Moral Rights in Israel
Moral rights are recognized in Israel, with respect of the following:
- The right to be properly credited for your work;
- The right of the integrity of the work – meaning that the work will not be modified or used in a way which is prejudicial to the author's dignity or good name.
Statutory Compensation
Statutory compensation is available in Israel with respect to copyright infringement. The law states that compensation will be up to 100,000 ILS (approx. 30,000US$) per infringement of either the copyright itself or the moral right.
However, the term "per infringement" is not necessarily "per work". For example, the copying of several photos into one web page can be considered a single infringement.
Permitted Uses
Israeli copyright law includes an entire chapter of specific permitted uses. Those include use in legal or administrative proceedings; incidental use; copying software for backups; public performance in educational activities and others.
This chapter also includes the known defense of "fair use". The list of specific fair uses indicated (such as private study, research, criticism, review or journalistic report) is not exhaustive.
The main principles employed for finding fair use are:
- Purpose of use – those indicated above and others. Generally, uses with moral or social contribution will support a fair use claim.
- Nature of use – for example, commercial or non-commercial; innovative or commonly known.
- Nature of the copied work – e.g, the level of creativity of the copied work.
- Scope of use of the copied work – a substantial part or minor part.
- The effect of use on the value of the copied work – e.g., use for the sake of commercial competition.
All considerations above are factors and none is decisive in determining fair use.
Information on this website is generalised and does not constitute exhaustive legal advice. Readers must seek legal counselling suitable for their personal matter.