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FAQ - Copyrights
Are there statutory damages for copyright infringement?
Under Israeli copyright law, the copyright holder is entitled up to 100,000 Israeli new shekels in compensation without proof of damages for each infringement.
How can I prove that my work was copied?
In order to prove copyright infringement, it is necessary to show that the work was accessible and that the degree of similarity between the original work and the accused work is high enough to provide circumstantial evidence that the work was indeed copied.
What is fair use of copyrights?
Fair use is an exception to copyright infringement. Under Israeli copyright law, fair use includes uses for purposes such as private study, research, criticism, reviews, news reporting, quotations, and instruction and examination by an educational institution. In addition whether use falls under the scope of ‘fairness’ is determined with regard to the (1) purpose and nature of the use, (2) nature of the work used, (3) qualitative and quantitative aspects of the work’s use, and (4) impact of the use on the work’s value and potential market
What is considered copyright infringement?
Copyright infringement occurs when one’s original work is copied by another. It is not necessary that the entire work be copied, and copyright infringement would be sustained if an essential part of an original work is used without permission. An essential part of the work relates not only to quantity but also to quality. For example, the chorus of a song may be considered an essential part of the work and therefore its use would infringe copyright despite it not being the longest part of the song.
I played/publicly performed music at my business for customer enjoyment. Am I infringing any rights?
Yes. Owners may prohibit others from using their work without permission, and if such permission is granted, royalties would be paid.
I have copied a picture from the internet. Am I infringing any rights?
Copying a picture from the internet and using it on a website or Facebook page and so on is deemed copyright infringement. Nonetheless, where such use is non-commercial in nature and the user ceases the infringement such use upon the owner’s request, no statutory damages will be imposed.
Can I protect an idea by copyright?
Ideas are not protected under Israeli copyright law. Only an expression of the idea in tangible form may enjoy copyright.
Do I have to register copyrights in Israel?
There is no requirement for registration under Israeli copyright law. The only requirement is originality. In order to prove rights, one must prove that they were the original authors of the work. It is important to keep records of early versions of the work so that the author will have proof of its copyright by virtue of being the original creator.