Israel Copyright Law

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Last updated 10

January 2008

The Copyright Act of 2007 passed the Israeli Parliament (the Knesset) on Nov. 19,

2007, and was published in "Reshumot" (official gazette), 2007 Law Statutes of

Israel, Issue 2199, at page 34 on Nov. 25, 2007. Pursuant to section 77 the Act will

come into force on May 25, 2008.

CHAPTER ONE: Interpretations

Definitions

In this Act -

"Copyright"- as defined in section 11;

"Moral right" – as defined in section 46;

"Recording ", with respect to sounds – means preservation of

sounds on media from which such sounds may be played back or

copied;

"Architectural work" – a building or other structure, as well as a

model of such building or structure;

"Artistic work" – including, drawings, paintings, works of

sculpture, engravings, lithography, maps, charts, architectural works,

photographic works and works of applied art;

"Dramatic works"- including plays, cinematographic works,

musical-dramatic works, choreography, and pantomime;

"Joint work – a work created jointly by several authors, wherein it

is not possible to discern each author's contribution to the work;

"Literary work" – including works expressed in writing, lectures,

tables, compilations, and also computer programs.

"Sculptural work" - including moulds or models for sculptures;

"Photographic work" – including works produced by a process

similar to photography, but excluding photographs that are part of a

cinematographic work;

"Cinematographic work" – including a television work and any

work which is substantially similar to a cinematographic work or a

television work.

"Compilation"- means a compilation of works including an

encyclopedia or an anthology as well as a compilation of data

including a database;

"Producer" – with respect to a cinematographic work or a sound

recording – the person who is responsible for the arrangements

necessary for the making of the cinematographic work or the sound

recording, respectively;

"Infringing copy" – means a copy of a work in which copyright

subsists, excluding a building or other structure, being one of the

following:

(1) A copy which was made in Israel without the consent of

the copyright owner in a manner which constitutes

infringement of the reproduction right as stated in section

11(1);

(2) A copy imported into Israel, which, had it been made in

Israel its making would have constituted an infringement of

the copyright as stated in section 11(1); however a copy

which has been made outside of Israel, with the consent of the

not be deemed an infringing copy;

"Publication" of a work – means publishing a reasonable quantity of

copies of the work to the public, taking into consideration the

character of the work, with the consent of its author, but not

including a public performance or broadcast of the work, or the

public display of an "artistic work".

"Computer program" – computer program in any form of

expression.

"Sound Recording" – means a recording of sounds, excluding a

recording of sounds in a cinematographic work.

"The Minister" – the Minister of Justice.

2. Place of first

publication

In this Act, the following provisions shall apply as regards the place

where a work was first published:

(1) A work published in several countries during a period of 30

days from the date it was first published – shall be deemed to have

been published in all these countries simultaneously;

(2) A work first published in Israel and in other countries

simultaneously shall be deemed as though it was first published in

Israel.

Chapter 2: Conditions For Subsistence of Copyright

3. Exclusiveness

of This Law

the provisions of this Act.

4. Works in

Which

(a) Copyright shall subsist in the following works:

(1) Original works which are literary works, artistic works,

Subsists

dramatic works or musical works, fixed in any form;

(2) Sound recordings;

provided that the aforesaid works fulfill one of the conditions

set forth in section 8 or that copyright subsists in said works

pursuant to Order in accordance with section 9.

(b) With respect to sub-section (a), originality of a compilation

means the originality in the selection and arrangement of the works

or of the data embodied therein.

5. Extent of

Works

the following, however it shall extend to their expression:

(1) Ideas;

(2) Procedures and methods of operation;

(3) Mathematical concepts;

(4) Facts or data;

(5) News of the day.

6. Official

Publications

Notwithstanding the provisions of section 4, copyright shall not

subsist in statutes, regulations, Knesset Protocols and judicial

decisions of the courts or of any other government entities having

judicial authority according to law.

7. Designs

Notwithstanding the provisions of section 4, copyright shall not

subsist in "designs" as defined in the Patents and Designs Ordinance

unless the design is not used, nor intended for use in

industrial manufacture.; The Minister may prescribe conditions for

determining when a design is deemed to be used for industrial

manufacture.

8. Points of

Attachment to

Israel

(a) Copyright shall subsist in works set forth in Section 4(a)(1) if one

of the following exists:

(1) The work was first published in Israel;

(2) At the time of the work's creation, its author was a citizen of

Israel, or his habitual residence was in Israel, regardless of whether

the work was published or not.

(b) Without derogation from the provisions of subsection (a),

(1) In cinematographic works – provided that at the time of its

making the headquarters of its producer, or his habitual

residence, was in Israel;

(2) In architectural works and other artistic works incorporated in

a building or other structure – provided the architectural work,

the building or structure, respectively, are located in Israel.

making the producer of the sound recording was a citizen of Israel, or

his habitual residence was in Israel, and where the producer was a

corporation its headquarters were in Israel; However, the right of

reproduction, the right of making available to the public and the right

of rental, as stated in sections 11(1), (5) and (7), shall also subsist in

sound recordings where the sound recording was first published in

Israel.

9. Copyright

pursuant to

International

Treaty

Where Israel makes a treaty with another country regarding

may prescribe, by Order, that works, as set forth in Section 4(a),

entitled to protection in Israel pursuant to said treaty, shall be

protected pursuant to the provisions of the Order; The protection for

the aforesaid works shall not exceed the protection which would

have been granted them if the conditions in section 8 were met,

unless agreed otherwise in the aforesaid treaty, but not in excess of

said treaty.

10. Preservation

of Reciprocity

Where the Minister has determined that a particular country does not

grant proper protection to works whose authors are citizens of Israel,

the Minister may, subject to the consent of the Government, limit by

Order the rights prescribed by this law, wholly or in part, with

respect to works whose authors are citizens of such a country; Where

the Minister has made such an Order, the Order shall be enforceable

with respect to works made subsequent to its coming into force.

Chapter C: Subsistence of Copyright

11. What means

or a substantial part thereof, one or more of the foregoing acts, in

accordance with the kind of the work:

(1) Reproduction as stated in section 12 – with respect to all

categories of works;

(2) Publication – in respect of a work not yet published;

(3) Public performance as stated in section 13 – in respect of a

literary work, dramatic work, musical work and sound recording;

(4) Broadcasting as stated in section 14 – in respect of all kinds

of works;

(5) Making a work available to the public as stated in section 15

– in respect of all kinds of works;

(6) Making of a derivative work as stated in section 16 and the

doing of any acts set forth in sections (1) to (5) above in respect of

the aforesaid derivative work – with respect to a literary work,

artistic work, dramatic work and musical work;

(7) Rental as stated in section 17 – in respect of a sound

recording, cinematographic work and computer program.

12.

Reproduction

The reproduction of a work means the making of a copy of the work,

in any material form, including –

(1) Storage of a work through electronic means or any other

technological means;

(2) Making a three dimensional copy of a two dimensional work;

(3) Making a two dimensional copy of a three dimensional work;

(4) Making a temporary copy of a work.

13. Public

Performance

The public performance of a work means the aural playing or staging

of it publicly, either directly or through use of a device.

14. Broadcast Broadcast of a work means the transmission thereof, by wire or

wireless means, of sounds, images or a combination of sounds and

images, which contained in a work, to the public.

15. Making

Available to the

Public

Making a work available to the public means the doing of an act in

relation to a work that shall enable members of the public to access

the work from a place and at time chosen by them.

16. Derivative

Works

Making a derivative work means the making of an original work

which is substantially based upon another work, such as a translation

or adaptation.

17. Rental

(a) Rental of a work means the rental of physical copies of the

work to the public, for a commercial purpose, but does not include

the rental of a computer program or sound recording which

constitutes an integral part of another object where such other object

is the primary object of the rental.

(b) For purposes of sub-section (a), renting by a public library or

a library of an educational institution shall not be deemed to be

renting for commercial purposes; The Minister may prescribe types

of public libraries and types of educational institutions to which the

provisions of this sub-section shall apply.

Chapter Four: Permitted Uses

18. Permitted

Uses

Notwithstanding the provisions of section 11, the doing of the actions

specified in sections 19 to 30 is permitted subject to the conditions

specified respectively in the aforesaid sections and for the purpose of

carrying out the objectives specified therein, without the consent of

the right holder or payment, however with respect to the activities

specified in section 32 – upon payment and in accordance with the

provisions of that section.

19. Fair Use

(a) Fair use of a work is permitted for purposes such as: private

study, research, criticism, review, journalistic reporting, quotation, or

instruction and examination by an educational institution.

(b) In determining whether a use made of a work is fair within the

meaning of this section the factors to be considered shall include,

inter alia, all of the following:

(1) The purpose and character of the use;

(2) The character of the work used;

(3) The scope of the use, quantitatively and qualitatively, in

relation to the work as a whole;

(4) The impact of the use on the value of the work and its

potential market.

which a use shall be deemed a fair use.

20. Use of works

in juridical or

administrative

procedures

Use of a work in juridical or administrative procedures according to

law, including reporting on such proceedings, is permitted to the

extent that is justified taking into consideration the purpose of the

aforesaid use.

21.

Reproduction of

a work deposited

for public

inspection

(a) The copying of a work that is accessible to the public by law

is permitted if consistent with the purpose for which the work was

made accessible, and to a justifiable extent taking into consideration

the purpose of the said use.

(b) The provisions in sub-section (a) shall not apply with respect

to works deposited in accordance with The Books Act (Obligation to

Deposit and Cite Details), 2000.

22. Incidental

Use of a Work

An incidental use of a work by way of including it in a photographic

work, in a cinematographic work or in a sound recording, as well as

the use of a such work in which the work was thus incidentally

contained, is permitted; In this matter the deliberate inclusion of a

musical work, including its accompanying lyrics, or of a sound

recording embodying such musical work, in another work, shall not

be deemed to be an incidental use.

23. Broadcast or

copying of work

in public place

Broadcasting, or copying by way of photography, drawing, sketch or

similar visual description, of an architectural work, a work of

sculpture or work of applied art, are permitted where the aforesaid

work is permanently situated in a public place.

24. Computer

Programs

(a) Copying of a computer program for purposes of back up is

permitted for a person who possesses an authorized copy of the

computer program; A person holding such a copy shall destroy it

once it is no longer needed to serve the purpose for which it was

made.

(b) Copying of a computer program for purposes of

maintenance of an authorized copy of the program or of a computer

system, or for purposes of providing service to a person in possession

of an authorized copy of the computer program, is permitted,

provided that it is necessary for using the program.

work there from is permitted for a person who possesses an

authorized copy of the computer program, for the following purposes

and to the extent necessary to achieve said purposes:

(1) Use of the computer program for purposes for

which it was intended, including correction of

errors in the computer program or making it

interoperable with a computer system or with

another computer program;

(2) Examination of the data security in the

program, correction of security breaches and

protection from such breaches;

(3) obtaining information which is needed to adapt a

different and independently developed

computer system or program, in such a way

that it will be interoperable with the computer

program.

(d) The provisions of sub-section (c) shall not apply with respect to

the copying of a computer program or the making of a derivative

work there from, as stated in said sub-section, if the information

which has been obtained through the aforementioned means was

used in a manner set forth below, or where such information was

readily discernable without use of the aforesaid means:

(1) The said information is transmitted to another person for a

purpose different than the purposes set forth in sub-section

(c);

(2) The said information is used to make a different computer

program which infringes copyright in the said computer

program.

(e) In this section, "authorized copy" of a computer program means a

copy of the computer program which was made by the copyright

holder therein or with his consent.

25. Recording for

Purposes of

Broadcast

(a) Recording of a work by a person permitted to broadcast it is

permitted if the copy is made solely for use in his broadcasts.

(b) A person who had recorded a work in accordance with the

provisions of sub-section (a) shall destroy the recording

within a period of six months from the date of the first

broadcast of the work, or until a later period if so prescribed

by law, or until a later period if so agreed upon with the owner

of the copyright of the recorded work.

preservation of a recording is permitted –

(1) for archival purposes;

(2) with regard to a person permitted to broadcast the work -

for as long as such person is permitted to make such

broadcasts.

26. Temporary

Copies

The transient copying, including incidental copying, of a work, is

permitted if such is an integral part of a technological process whose

only purpose is to enable transmission of a work as between two

parties, through a communications network, by an intermediary

entity, or to enable any other lawful use of the work, provided the

said copy does not have significant economic value in itself.

27. Additional

artistic work

made by the

author

Making a new artistic work which comprises a partial copying of an

earlier work, or a derivative work from an earlier work, as well as

any use of the said new work, are permitted to the author of the said

earlier artistic work even where said author is not the owner of the

repeat the essence of the earlier work or constitute an imitation

thereof.

28. Renovation

and

Reconstruction

of Buildings

Use of the following works is permitted for the purpose of renovation

or reconstruction of a building or other structure:

(1) The architectural work which is the aforesaid building

or structure, or a model thereof.

(2) The drawings and the plans that were used with the

consent of the owner of the copyright therein, at the

time the said building or structure was originally

constructed.

29. Public

Performance in

an Educational

Institution

The public performance of a work is permitted in the course of the

educational activity of educational institutions, of the type prescribed

by the Minister, where such performance is made by the employees

of the educational institution, or by the students studying therein,

provided that said public performance is made for an audience

limited to employees or students of the educational institution, the

relatives of the students or other people directly connected with the

activity of said institution, and to them alone; However the screening

of a cinematographic work is permitted according to this section if

done solely for purposes of teaching and examination by an

educational institution.

30. Permitted

Uses in Libraries

and Archives

(a) Copying of a work, a copy of which is already in the

permanent collection of a library or archive of the type of libraries or

archives as prescribed by the Minister, is permitted for the following

purposes, provided that it is not possible to purchase an additional

copy of said work within a reasonable period of time and on

reasonable terms:

(1) To make a reserve copy, in any format, of a

work already in the possession of the aforesaid

library or archive, provided that the said

reserve copy is not used as an additional copy

to the copies in the library;

(2) To replace a copy of the work held by the

aforesaid library or the archive, which has

been lost, destroyed or become unusable;

(3) To replace a copy of the work, that had been in

the permanent collection of another library or

archive and was lost, destroyed or has become

unusable.

(b) Copying of a work, a copy of which is held in a library or

archive as prescribed in sub-section (a), for a person requesting such

copy, is permitted, provided that the request for such reproduction is

made by a person, who, if he had made the copy himself, would be

permitted by law to do so; The Minister may prescribe an application

form for use by libraries or archives for purposes of this sub-section.

Minister, for purposes of preservation, is permitted; The Minister

may prescribe types of works which will be subject to this subsection,

conditions for the execution of copying as well as conditions

for the grant of public access to copies that were made in accordance

with this sub-section.

31. Regulations

regarding

Educational

Institutions,

Libraries and

Archives

The Minister may prescribe different conditions for the applicability

of sections 29 and 30, generally or with respect to particular types of

educational institutions, libraries or archives, taking into

consideration the character of their respective activities.

32. Manufacture

of sound

recordings as

against royalty

payment

(a) Despite the provisions of section 11, reproduction of a

musical work in a sound recording is permitted, provided the

following conditions are met, even without the consent of the

(1) The musical work had been previously recorded, with

the consent of the copyright owner, in a sound recording that

was published for commercial purposes (in this section - the

Former Sound Recording);

(2) The musical work was reproduced in its entirety,

except for modifications necessary for adaptation of the

reproduction and modifications necessary for the making of

the reproduction, or where such modifications were made in

the Former Sound Recording;

(3) The person who makes the copy has so informed the

(4) The person making the copy has paid equitable royalties

as agreed with the owner of the copyright; and in absence of

agreement – as decided by the Court;

(5) The copies are neither used, nor intended for use in

commercial advertising;

(b) The Minister may prescribe regulations as regards the

following matters:

(1) Methods for informing the copyright owner as stated

in sub-section (a)(3);

(2) Considerations and parameters for the determining of

equitable royalties by the Court as stated in subsection (a)(4).

words, if any, in the Former Sound Recording.

CHAPTER 5: Ownership of Copyright

33. The first

owner of

Subject to the provisions of this chapter-

(1) The author of a work is the first owner of copyright in the

work;

(2) The producer of a sound recording is the first owner of

34. Works

Created by

Employees

The employer is the first owner of copyright in a work made by an

employee in the course of his service and during the period of his

service, unless otherwise agreed.

35.

Commissioned

Works

(a) In a work made pursuant to a commission, the first owner of

the copyright therein, wholly or partially, shall be the author, unless

otherwise agreed as between the commissioning party and the

author, expressly or impliedly.

(b) In a work which is a portrait or a photograph of a family

event or other private event, made pursuant to a commission, the

first owner of the copyright therein shall be the commissioning

party.

36. State

Ownership of

Works

The state shall be the first owner of a work made by, or

commissioned for, the State or by an employee of the State in

consequence of his service and during the period of his service; In

this section, "State employee" – includes soldiers, policemen and

any other person who holds a position according to a statute in a

State entity or institution.

37. Assignment

and Licence of

(a) Copyright may be assigned by contract or by operation of

law and the owner of a copyright may grant an exclusive license or

non-exclusive license with respect to the copyright.

(b) Assignment of the copyright or the grant of a license, as

stated in sub-section (a), may refer to the copyright in whole or in

part, and it can be limited to a certain territory, period of time, or to

specific acts with respect to the work.

exclusive license therein shall require a written document.

(d) In this section, "exclusive license" – means a license granting

its holder the exclusive right to do any acts as set forth in Section 11

specified by the license, and restricts the owner of the copyright

from doing those acts or from permitting others to perform those

acts.

Chapter 6: Duration of Copyright

38. Duration of

70 years after his death, subject to the provisions in this chapter.

39. Duration of

Joint Work

its longest surviving joint author and for 70 years after his death.

40.Duration of

Work Published

Anonymously

If no name of a person appears on a work as the author of such

work, nor is the author of such work commonly known to the public,

or appears on such work a pseudonym of a person not commonly

known to the public, , then copyright in such a work shall subsist for

a period of 70 years from the date such work was first published; If

such a work was not published until the end of 70 years from the

date of its creation, the copyright therein shall subsist for a period

of 70 years from the date of its creation; however where the author's

identity becomes publicly known during the period of copyright,

then the provisions of sections 38 or 39, respectively, shall apply.

41. Duration of

Sound

Recordings

from the date of its making.

42. Duration of

State Works

for a period of 50 years from the date of its making.

43. Expiration

Period

The period of copyright in a work shall end on the 31st of December

of the year in which such copyright is set to expire in accordance

with the provisions of this chapter.

44. Duration of

Country of

Origin

(a) The period of copyright in a work listed below shall not be

longer than the period of copyright prescribed for such work in the

law of its country of origin:

(1) A work which was first published in Israel and in

other countries simultaneously, as set forth in section 2, in

which copyright subsists solely due to the existence of the

condition set forth in section 8(1)(a);

(2) A work in which copyright subsists pursuant to an

Order in accordance with section 9, unless otherwise

prescribed in the Order.

(b) In this section –

"The country of origin" of a work –

(1) For a work first published in a single Member State –

the Member State;

(2) For a work first published simultaneously in a

number of Member States wherein the periods of copyright

are different – the State where the period of copyright is the

shortest;

(3) For a work first published simultaneously in a

Member State and a non Member State – the Member State:

(4) For an unpublished work, or first published in a non

Member State, without simultaneous publication in a

Member State – the Member State where the author is a

national or makes his habitual residence; however –

(a) When the aforesaid work is a

cinematographic work, the country of origin shall be

the Member State in which located its producer's

headquarters or his habitual residence.

(b) When the aforesaid work is an architectural

work situated in a Member State or a separate artistic

work incorporated in a building or other structure

situated in a Member State, the country of origin

shall be the country where the architectural creation,

the building or the structure are situated, as the case

may be;

"Work" – a work as stated in section 4(a)(1);

"Member State" – a State being a party to a treaty regarding which

an Order has been prescribed pursuant to the provisions of section 9.

Chapter 7: Moral Right

45. Moral Right

as Personal

Right

(a) The author of an artistic work, a dramatic work, a musical work

or a literary work, excepting computer programs, in which copyright

subsists, shall have moral rights in relation to his work, during the

entire period of copyright in that work.

(b) The moral right is personal and not transferable, and shall be

available to the author even if said author does not have copyright in

the work or if he has assigned the copyright in the work, partly or

wholly, to another person.

46. Moral Right

Defined

A moral right in relation to a work is the right of its author –

(1) To have his name identified with his work to the extent and in

the manner suitable in the circumstances;

(2) That no distortion shall be made of his work, nor mutilation or

other modification, or any other derogatory act in relation to the

work, where any aforesaid act would be prejudicial to his honor or

reputation.

Chapter 8 – Infringement and Remedies

47. Infringement

of Copyright

A person who does in relation to a work, any of the acts specified in

section 11, or who authorizes another person to perform any such

act, without the consent of the copyright owner, infringes the

Chapter 4.

48. Indirect

Infringement

A person who does one of the foregoing acts with respect to an

infringing copy of a work, infringes the copyright, if at the time such

act was done he knows, or he should have known, that said copy is

an infringing copy:

(1) Sells or lets for rental said infringing copy, including

offering or displaying for sale or rental.

(2) Possesses said infringing copy for a commercial purpose;

(3) Distributes said infringing copy on a commercial scale;

(4) Exhibits said infringing copy to the public in a commercial

manner;

(5) Imports into Israel said infringing copy that is not for

personal use as provided for in section 129 of the Customs

Ordinance.

49. Public

Performance in

a Place of Public

A person who permits another person, for financial gain, to publicly

perform a work in a place of public entertainment, without the

consent of the owner of the copyright therein, infringes the

Entertainment copyright, unless he did not know, nor should have known, that said

performance would constitute an infringement; In this section,

"place of public entertainment" means a place used for

entertainment and cultural performances, including catering halls,

outdoor function areas, restaurants, coffee shops or clubs.

50. Infringement

of Moral Right

(a) A person who does in relation to a work, an act which is

restricted by the moral right, infringes the said moral right.

(b) Despite the provisions in sub-section (a), doing an act restricted

by section 46(2) shall not constitute an infringement of the said

moral right where the act was reasonable in the circumstances of the

case.

consideration, inter alia, the following:

(1) The character of the work in respect of which the act was done;

(2) The nature of the act and its purpose;

(3) That the work had been made by an employee in the course of

his employment or pursuant to commission;

(4) Customary behavior in a particular sector;

(5) The need for doing the act versus the damage caused to the

author by the act.

51. Indirect

Infringement of

Moral Right

A person who does one of the foregoing acts with respect to a copy

of a work, excepting a building or other structure, and such act

constitutes an infringement of the moral right set forth in section

46(2), infringes the moral right, if at the time of doing such act he

knows, or should have known, that such copy infringes the aforesaid

moral right:

(1) Sells or lets for rental said copy, including offering or

displaying for sale or rental.

(2) Possesses said copy for a commercial purpose;

(3) Distributes said copy on a commercial scale;

(4) Exhibits said copy to the public in a commercial manner.

52. Infringement

of copyright or

moral right is a

civil wrong

Infringement of copyright or moral right is a civil wrong and the

provisions of the Ordinance on Torts (New Version), shall apply

mutatis mutandis subject to the provisions of this Act.

53. Injunction for In an action for copyright infringement the claimant shall be entitled

infringement

to injunctive relief, unless the court finds that there are reasons

which justify not doing so.

54. Action for

Infringement

(a) A claim for the infringement of copyright may be

commenced by the owner of the copyright, and if an exclusive

license has been granted in respect of it as defined in section 37(d) –

such claim may also be commenced by the exclusive licensee.

(b) A claimant filing a claim as stated in sub-section (a), shall

join as a party any person entitled to commence a claim according to

the provisions of that sub-section, however the court may, at the

claimant's request, exempt from the aforesaid duty to join a party.

55. Action for

Moral Right

Infringement

A claim for violation of the moral right may be commenced by the

author, and if the infringement occurred after his death – then by his

relatives; In this matter, "relatives" – means a spouse, descendant,

parent or sibling.

56. Damages

without Proof of

Injury

(a) Where a copyright or moral right has been infringed, the

court may, at the claimant's request, award to the claimant, in

respect of each infringement, damages without proof of injury, in an

amount not exceeding NIS 100,000.

(b) In awarding damages pursuant to the provisions of subsection

(a), the court may consider, inter alia, the following

considerations:

(1) The scope of the infringement;

(2) The duration during which the infringement

took place;

(3) The severity of the infringement;

(4) The actual injury caused to the claimant

according to the assessment of the court;

(5) The benefit derived by the defendant from the

infringement, according the assessment of the

court;

(6) The character of the defendant's activity;

(7) The nature of the relationship between the

defendant and the claimant.

(8) Good faith of the defendant.

set of activities shall be deemed as a single infringement.

(d) The Minister may, by Order, change the amount prescribed in subsection

(a).

57. Accounting In a claim for the infringement of copyright or moral right, the court

may order the defendant to give the claimant a detailed report of the

infringement; The Minister may prescribe provisions for the making

of reports pursuant to this section.

58. Innocent

Infringer

Where a copyright or a moral right has been infringed, but the

infringer did not know, or could not have known, at the time of the

infringement, that copyright subsists in the work, he shall not be

obligated to pay compensation in respect of the said infringement.

59. Infringement

of Copyright in

a Building or

other structure

Where the construction of a building or other structure has begun,

and there is an infringement of copyright or moral right in that

building or other structure, or there will be an infringement of

other structure, the complainant shall not, as a result of said

infringement, be entitled to an Order enjoining completion of the

construction or to an Order of demolition.

60. Disposition

of Infringing

Copies

(a) Upon the completion of a proceeding in an action for

infringement of copyright, the court may make an order for -

(1) The destruction of the infringing copies, or

any other act thereon;

(2) The transfer of the ownership of the

infringing copies to the claimant, if he has so

requested, and the court may, if it finds that

the claimant is likely to make use of those

infringing copies, order the complainant to

make payment to the defendant in the manner

which it shall prescribe.

(b) A party filing an application with the Court pursuant to subsection

(a) shall advise the Israel Police of such, in the manner to be

prescribed by the Minister, and the court shall not hear the

application without first providing the Israel Police with an

opportunity to state its claims.

infringing copies in the possession of a person who did not himself

infringe the copyright therein, subject to the provisions of section 34

of the Sales Act, 1968, however where such provisions will be

applicable, the possessor of the said infringing copies shall not be

entitled to trade in said infringing copies.

CHAPTER 9: CRIMINAL OFFENSES

61. Offenses (a) A person shall not make an infringing copy for purposes of

trading therein.

(b) A person shall not import into Israel an infringing copy of a

work for purposes of trading therein.

distributing of an infringing copy of a work.

(d) A person shall not sell, let for hire or distribute infringing

copies of a work on a commercial scale.

(e) A person shall not possess infringing copies of a work for

purposes of trading therein.

(f) A person shall not make or possess an object designed for

the making of copies in contravention of sub-section (a).

62. Penalties (a) A person who does one of the following, shall be liable to up to

five years imprisonment or fine in the amount of ten times the

fine provided for in section 61(a)(4) of the Penal Act, 5737-

1977 (hereinafter referred to as “the Penal Act”):

(1) Makes an infringing copy for the purpose of trading

therein;

(2) Imports to Israel an infringing copy of a work for the

purpose of trading therein.

(b) A person who does one of the following, shall be liable to up to

three years imprisonment or fine in the amount of seven times

the fine provided for in section 61(a)(4) of the Penal Act:

(1) Engages in the sale, letting for hire or distribution of an

infringing copy of a work;

(2) Sells, lets for hire or distributes infringing copies of a work

on a commercial scale;

(3) Possesses an infringing copy of a work for the purposes of

trading therein.

the production of copies of a work for the purpose of committing

an offence under sub-section (a)(1) shall be liable to

imprisonment for a term of one year or twice the fine stated in

section 61(a)(4) of the Penal Act.

(d) Where an offense under this section has been committed by a

corporate entity, - such corporate entity shall be liable to double

the fine provided for that offence.

63.

Responsibility of

Senior Officer

(a) A senior officer of a corporate entity is obliged to supervise and

take any action necessary to prevent any of the offences specified in

section 61 (hereinafter - “an offence”) by a corporate body or any of

its employees; Where such senior officer is in breach of his or her

aforesaid obligation he shall be liable to the fine stated in section

61(a)(4) of the Penal Act.

(b) Where an offence has been committed by a corporate entity

or any of its employees, there is a presumption that the senior officer

was in breach of his obligation under sub-section (a), unless it is

proved that he took any action necessary to perform his aforesaid

obligation.

active director of a corporate entity, a partner - excluding a limited

partner - and an officer responsible on behalf of the corporate entity

for the field in question in which the offence was committed.

CHAPTER 10: MISCELLANEOUS

64.Presumptions The presumptions set forth hereunder shall apply to any legal

proceeding, civil or criminal, involving an infringement of copyright

or moral right, unless proved otherwise:

(1) Where the name of a person appears on the work in the usual

manner as the author of the work, there is a presumption that such

person is the author of the work and the owner of the copyright

therein; the said presumption shall also apply in respect of the

pseudonym of any person, provided that the identity of the owner of

the pseudonym is publicly known;

(2) Where the name of a person as the author of the work does

not appear on the work and its author is not known, or the

pseudonym of a person whose identity is not publicly known

appears thereon, there is a presumption that the person whose name

appears on the work in the usual manner as the publisher of the work

is the owner of the copyright therein.

(3) Where the name of a person appears on a cinematographic

work in the usual manner as the producer of the work, there is a

presumption that such person is the producer of the work.

65. Detention by

Customs

(a) The owner of copyright in a work, whose rights have been

infringed or where there is a reasonable suspicion that such rights

will be infringed, may give notice in writing to the Director of

Customs to the effect that he is the owner of copyright in the work,

and request the Director to suspend the release of the goods that he

claims are infringing copies of the work and to treat them as goods

the import of which is prohibited under the Customs Ordinance.

(b) A notice pursuant to sub-section (a) shall include one of the

following:

(1) An example of a non-infringing copy of the work in which the

applicant holds copyright, and in respect of which the said copyright

holder makes notice of the importation of infringing copies;

(2) A catalog or any other document that enables the Customs

Director to compare the work with the allegedly infringing copies.

with the following information, to the extent that he has knowledge

of it:

(1) The number of parcels to be received;

(2) Sufficient notation of means of importation or the name of the

ship bringing the infringing copies;

(3) The date on which the infringing copies are meant to arrive in

Israel.

(d) The copyright owner must provide the Customs Director with

primary evidence, and a personal guarantee, as prescribed by the

Customs Director, in order to cover all expenses connected with

detaining goods, or in order to compensate for any damage caused as

a result of the detaining of goods, should it become apparent that the

detention of the goods was not justified, and to pay any fee

prescribed in this connection as required under the Customs

Ordinance.

(e) The provisions of this section shall not apply to infringing copies

imported for personal use as defined in section 129 of the Customs

Ordinance.

(f) In this section, "Director of Customs" means the director as so

defined in the Customs Ordinance.

66.Enforceable

as against the

State

This Act shall be applicable to the State.

67.

Implementation

and Regulations

(a) The Minister is responsible for the carrying out of the provisions

of this law and he may prescribe regulations for its implementation.

(b) Making of regulations in accordance with sections 17, 29, 30(a)

and (b), and 31 will require approval as follows:

(1) regarding educational institutions - the Minister of Education;

(2) regarding libraries – the minister responsible for carrying out the

Public Libraries Act, 1975 and the Minister of Education;

(3) regarding archives – the minister responsible for carrying out the

Archives Act, 1955.

30(c), 31 and 56(d) shall require the approval of the Knesset

Economics Committee.

CHAPTER 11: Ancillary Amendments

68. Cancellation

of His Majesty's

Order on the

1911

(Implementation

in the Land of

Israel)

His Majesty's Order on the Copyright act 1911 (extension to

Palestine), 1924 – is repealed, and the Copyright Act, 1911, will no

longer be valid in Israel.

69. Amendment

of Copyright

Ordinance

Sections 1 to 3a and 3f to 15 of the Copyright Ordinance – are

repealed.

70. Amendment

of Patent and

Designs

Ordinance

In the Patent and Designs Ordinance –

(1) In section 2, the term "copyright" shall be replaced by the

term "design right";

(2) In section 31, the term "copyright" shall be replaced by the

term "design right";

(3) In section 33 -

(a) In subsection (1), the term "copyright" shall be replaced

by the term "design right";

(b) In subsection (2) to (4), the term "copyright" shall be

replaced by the term "design right";

(4) In section 35 -

(a) In subsection (1), the term "copyright" shall be replaced

by the term "design right";

(b) In subsection (2), the term "copyright" shall be replaced

by the term "design right";

(5) In section 37(1), the term "copyright" shall be replaced by

the term "design right";

(6) In section 43 -

(a) In subsection (1), the term "copyright" shall be replaced

by the term "design right";

(b) In subsection (3), the term "copyright" shall be replaced

by the term "design right";

(7) In section 51(1), the term "copyright" shall be replaced by

the term "design right";

(8) In section 55(4), the term "copyright" shall be replaced by

the term "design right";

71.

Amendment of

Customs

Ordinance

Section 200a(a) of Customs Ordinance –

(1) At the beginning, instead of "section 7d of the Copyright

Ordinance" it shall read "in section 65 of the Copyright ACT-2007

(hereinafter -the "Copyright Act");

(2) In section (1) instead of "the duplications" it shall read "the

copies";

(3) In section (3), instead of "section 7d of the Copyright

Ordinance" shall be "section 65 of the Copyright Act"

72. Amendment

of Criminal

Procedure Law

In the Criminal Procedure Act (Combined Version) 1982, in the

Second Schedule, in item (3), instead of "section 10(c) and (d) to the

61(c),(d), and (e) to the Copyright Act, 2007".

73.

Amendment of

Courts Law

In the Courts Act (Combined Version) 1984, sub-sections (a) and (b)

of Section 40(4) shall be replaced by:

"(a) The Copyright Act – 2007"

74.Amendment

of the Law

Against Money

Laundering

In the Act Prohibiting Money Laundering, 2000, First Schedule,

item (16), the words "the Copyright Ordinance" shall be replace by

the words "the Copyright Act – 2007".

75.Amendment

of Law Against

Organized

Crime

In the Act on Combat against Criminal Organizations 2003, First

Schedule, item 4, the words "section 10(c) and (d) of Copyright

Ordinance shall be replaced by the words "section 61(c),(d) and (e)

of the Copyright Act – 2007".

76. Amendment

of Knesset

Broadcast

Television Law

In the TV Broadcasts from the Knesset Act 2003, section 15, in the

definition of "intellectual property", instead of the words "copyright

according to Copyright Act 1911, and the Copyright Ordinance"

shall come the words "copyright according to the Copyright Act –

2007".

Chapter L: Commencement, applicability and transition

provisions

77.

Commencement

The commencement of this law shall be six months from the day of

its publication (hereinafter - the commencement date).

78. (a) The provisions of this Act shall also be applicable with

Applicability

and Transition

Provisions

respect to works made prior to the date of commencement of this

Act, subject to the provisions in sub-sections (b) to (j).

(b) The subsistence of copyright in accordance with the

provisions of Chapter 2 of this Act will not apply with respect to

works made prior to the commencement of this Act in which

section – the Former Law); Nevertheless, there is nothing in the

provisions of this sub-section to prevent the subsistence of copyright

in accordance with this Law in an aforesaid work, if said work, from

the commencement date and on, met the conditions set forth in

Section 8, or in an Order made in accordance with Section 9.

this Law, shall not be subject to the provisions in Chapter 7 in

respect of infringement of copyright or moral right and as regards

remedies for such infringement, rather for these purposes the Former

Law shall continue to apply; however an act which is not an

infringement of copyright or of moral right according to this Act,

shall not be actionable according to the provisions in the Former

Law.

(d) A copy of a work made, or imported into Israel, before the

date of commencement shall be deemed an "infringing copy" for

purposes of this Act, if it would have been deemed an infringing

copy prior to the commencement of this Act pursuant to section

10(e) of the Copyright Ordinance prior to the commencement date

of this Act.

(e) The provisions in sections 33 to 36 shall not apply with

respect to works made prior to the commencement date and the

provisions of the Former Law in this regard shall remain valid.

(f) The provisions of Section 37 shall not apply with respect to

assignments of copyright occurring prior to the commencement of

this Act or with respect to licenses granted prior to the

commencement of this Act, and the Former Law shall continue to be

in force with regard to these issues.

(g) The provisions of Section 54 shall not apply in respect of

proceedings which were commenced and pending prior to the

commencement of this law, and the Former Law shall continue to be

in force with regard to these issues.

(h) Copyright in the rental of a work as stated in section 11(7),

in relation to a computer program, shall not apply with respect to a

copy of a computer program acquired before the 1st of January 2000.

(i) In respect of the identity of an author of a photographic work

made prior to the commencement date of this Act, and in respect of

the duration of copyright in such photographic work, the former law

shall apply.

(j) In respect of a sound recording made prior to the

commencement of this law, the definition of "producer" as per

Section 1, shall not apply, and the producer shall be the person that

would have been deemed the author of the work in accordance with

section 19(1) of Copyright Act 1911.

end

-----------------------------------

Unofficial Translation of the Israel Copyright Ordinance as amended to

August 2005. To the extent that this version differs from the Hebrew version

the Hebrew version will be controlling.

(Note: The principle primary legislation governing copyright and related

rights in Israel consists of the Copyright Law, 1911 together with the

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =

Whereas, by an order of His Majesty in Council, dated March 21, 1924, the provision of

an act of the Imperial Parliament of Great Britain, known as the Copyright Act, 1911,

were extended to Palestine, and by Proclamation of the High Commissioner dated April

23, 1924, the said act has been brought into force in Palestine as from March 21, 1924;

and whereas it is desirable to make provision for certain matters incidental to the

application of the said act; be it enacted by the High Commissioner for Palestine with the

advice of the Advisory Council thereof:-

Short title

1. This ordinance may be cited as the Copyright Ordinance.

Applicability of Copyright Act to importation of copyright works into Israel

2. Repealed 1999.

Protection of computer software – (Amended 1999)

2A. For purposes of copyright, computer software shall be treated like a

literary work, within the meaning of that term in the Copyright Law, 1911,

whether in source or object code.

Offenses – Amended 2002.

3. (1) If a person knowingly does one of the following, he shall be liable to three

years imprisonment and to a fine seven times the fine prescribed in section

61(a) (4) of the Penal Law 5737-1977:

(One) Repealed 2002.

(Two) Repealed 2002.

(Three) Repealed 2002.

(Four) Repealed 2002.

(Five) Repealed 2002.

(Six) for purposes of personal gain - causes the public

exhibition of any work under copyright without the consent of the

owner of the copyright.

(2) Repealed.

(3) Repealed 2002

(4) Repealed 2002

(5) Repealed 2002

(6) Repealed 2002

Compensation without proof of damage

3A. If the damage caused by a copyright infringement has not been proven,

then the Court may, on the application of the plaintiff, award in respect of every

infringement compensation in an amount of not less than NIS 10,000 and not more

than NS 20,000; the Minister of Justice may, with the approval of the Knesset

Constitution, Legislation and Justice Committee, change the said amounts.

Definitions

3B. In sections 3C to 3F -

“copyright” - within its meaning in section 1(2) of the Copyright Law 1911;

“performers’ right” - within its meaning in the Performers’ Rights Law 5744-1984;

“Royalties Collecting Company” - any of the following, provided they which were

approved for purposes of this Law by the Minister of Education, Culture and Sport:

(1) a corporate entity that represents a majority of copyright owners;

(2) a corporate entity that represents a majority of owners of performers’

rights;

(3) a corporate entity that represents a majority of producers of aural

works and a corporate entity that represents a majority of producers of

visual works, provided that the aforesaid entities operate in

conjunction.

“recording” - preservation of a performance by any means that makes it possible to

see, hear or copy the work;

“tape cassette” - a device on which there is no recording and on which an audio or

video recording can be recorded, other than a device intended for use in a

computer;

“copying” - copying a recording or a substantial part of it.

Private and Home Use

3C. Recording or copying a work on a cassette for private and home, but not

commercial uses, shall not be a violation of copyright and performers’ rights.

Payment to owners of copyright and performers’ rights

3D. (a) The Government shall compensate the copyright owners and the

owners of performers’ rights for the loss of income and violation of rights caused

to them by the recording and copying of cassette for private and domestic use

under section 3C.

(Two) The Government shall transmit to the royalties companies

every year an amount equal to 5% of the retail price without VAT of all

cassettes sold in Israel for private and domestic use during the preceding

year.

(Three) The amount said in subsection (b) shall be divided equally

between the three royalty companies enumerated in paragraphs (1), (2) and

(3) of section 3B.

(Four) A committee composed of a representative of the Minster of

Finance, a representative of the Minister of Justice and a representative of

the Minister of Education, Culture and Sport shall prescribe the data

required for determination of the said amount.

Division of royalties

3E. In the case of disagreement on the division of royalties, the Court shall

decide the matter; to the Court hearings shall be summoned, in ways to be

prescribed by regulations, representatives of the royalties companies, a

representative of the Ministry of Education, Culture and Sport and the author or

performer, in respect of whose royalties there is a disagreement, as the case may

be; the Court’s decision shall bind all royalties companies and all holders of

before the Court.

Loan or rental

3F. A loan or rental for commercial purposes of a tape cassette on which a

work or a substantive part thereof is recorded is copyright within its meaning in

the Copyright Act.

Rental of computer software (Amended 1999)

3F1. The rental of computer programs for commercial purposes shall be deemed

the computer program itself is not the essential object of the rental.

Regulations

3G. The Minister of Education, Culture and Sport, may, in consultation with

the Minister of Justice, make regulations for the implementation of this Ordinance.

4. In the case of an unpublished work, the author shall be entitled to copyright

to it if, when he wrote the work, he was a citizen or resident of Israel.

Moral Right

4A.

(One) The author has the right to have his name stated with his work, to an extent

and degree customary.

(Two) The author is entitled that no falsification, damage or other change be made

on his work, or that no other act be performed that denigrates that work in a

manner liable to injure its author’s honor or reputation.

(Three) The infringement of a right under this section is a civil wrong and the

provisions of the Civil Wrongs Ordinance (New Version) shall apply to it.

(Four) The author’s right under this section shall be independent of his material

right in the work and it shall be in effect even after all or part of that right has

been transferred to another.

(Five) In an action under this section, the author shall be entitled to compensation

in an amount to be determined by the Court according to the circumstances of

the case, even if no pecuniary damage was proven; these provisions shall not

derogate from any other power of the Court under Chapter Five of the Civil

Wrongs Ordinance (New Version).

Period of copyright protection

5. (1) The copyright of anonymous and pseudonymous works shall be

protected for 70 years after the date of their publication; however, if the author of an

anonymous work discloses his identity during the said period or if the pseudonym adopted

by the author leaves no doubt on his identity, then the period of protection shall be as said

in section 3 of the Copyright Act, 1911, as modified by this Ordinance.

(2) In respect of the joint work of several authors

(a) the period during which the copyright shall be protected after the death of

an author shall begin with the death of the last surviving author;

(b) wherever this ordinance and the Copyright Act, 1911, refers to the date of

an author’s death, read the date of the last surviving author’s death.

(3) Protection subsequent to the death of an author or to the publication of a work

shall be in effect as of the date of death or of publication, but its period under

the Law shall be counted from January 1 of the year after the death or after the

publication.

(4) Notwithstanding any provision in section 3 of the Copyright Act, 1911, and

subject to the other express provisions in that act, protection after the author’s

death shall be 70 years from the date stated in subsection (3).

Protection of foreign works

6. If a convention was signed between Israel and another state on the matter of copyright

protection or if Israel acceded to a convention on this matter, then the Minister of

Justice may, by order published in Reshumot, order that the works for which that

convention requires protection in Israel, shall be protected according to the provisions

of that order; the protection afforded a said work shall not be greater than that which

would have been afforded to that work, had it first been published in Israel, if it was

published, or had the author been an Israeli citizen when he wrote it, if it was not

published; however, an order may provide for greater protection than this, if it so was

agreed in the convention, but not greater than as agreed.

First publication of work

(1) If a work was published in several countries within 30 days after its first

publication, then it shall be deemed to have been published simultaneously in

all of them.

(2) If a work was published simultaneously in Israel and in other countries, then it

shall be deemed to have been first published in Israel, however, a said work

shall not be deemed to have been published in Israel, if publication in Israel was

for the sake of appearance only.

Permission to use copyrighted material for purposes of educational broadcasts

7A. [Repealed. This section was in force only with respect to the period of August 5,

1971 to March 31, 1974.]

Subjects not protected (Amendment 1999)

7B. Notwithstanding the provisions of section 1 of the Copyright Act

1911, no copyright shall subsist in any of the following:

(1) an idea;

(2) a process or method of performance

(3) a mathematical concept;

(4) a fact or datum, on their own;

(5) the daily news;

however, copyright shall subsist in the manner in which these are

expressed.

Destruction of goods (Amendment 1999)

7C. Without derogation from the provisions of section 7 of the

order the destruction of goods produced in infringement of copyright or

used to perform such an infringement; a party filing an application for the

destruction of goods under this section shall advise the Israel Police

Department of such in the manner to be prescribed in the regulations, and

the court shall not deal with the application without providing an

opportunity to the police to make claims.

Grant of notice to Director of Customs (Amendment 1999)

7D. (a) The holder of copyright in a work whose copyright has been

infringed, or where there is a reasonable suspicion that it will be infringed,

may give notice in writing to the Director of Customs to the effect that he

is the holder of copyright in the work, and requesting the Director to delay

releasing the goods that he claims are infringing copies of the work and to

treat them as goods the import of which is prohibited under the Customs

Ordinance.

(Two) A notice under sub-section (a) shall include one of the

following:

(1) An example of the original work or a non-infringing

copy of it in which the applicant has copyright and in

respect of which the holder gives notice of the

importation of infringing copies;

(2) A catalog or any other document that enables the

Customs Director to compare the original work or noninfringing

copy of it with the infringing copies.

the following information, to the extent that he has knowledge of it:

(1) The number of parcels to be received;

(2) Sufficient notation of means of importation or the name

of the ship bringing the infringing copies;

(3) The date on which the infringing copies are meant to be

received.

(d) The copyright holder must provide the Customs Director with

primary evidence, and a personal guarantee, as prescribed by the Customs

Director, in order to cover all expenses connected with detaining goods, or

in order to compensate for any damage caused as a result of the detaining

of goods, should it become apparent that the detention of the goods was

unjustified, and to pay any fee prescribed for this purpose in the Customs

Ordinance.

(e) The provisions of this section shall not apply to infringing copies

imported for personal use as defined in section 129 of the Customs

Ordinance.

Modification of Copyright Act 1911 and Interpretation of Terms

8. The Copyright Act 1911, shall be read as modified or added to by this Ordinance

and any term under this Ordinance shall be interpreted in accordance with the meaning

attributed to it in the aforesaid law.

Presumptions

9. The presumptions set forth hereunder shall apply to any civil or criminal

legal proceeding involving an infringement of copyright, unless proved

otherwise:

(1) where the name of a person appears on the work in the usual

manner as the author of the work, there is a presumption that such

person is the author of the work and the owner of the copyright

therein;

(2) the presumption prescribed in paragraph (1) shall also apply in

respect of the pseudonym of any person, provided that the identity

of the owner of the pseudonym is publicly known;

(3) where the name of a person as the author of the work does not

appear on the work and its author is not known, or the pseudonym

of a person whose identity is not publicly known appears thereon,

there is a presumption that the person whose name appears on the

work in the usual manner as the publisher of the work, is the owner

of the copyright therein.

Manufacture of and trading in infringing copies (Amendment 2002)

10. (a) A person making an infringing copy of a work for the purposes of

trading therein shall be liable to imprisonment for a term of five years or

a fine ten times the fine provided for in section 61(a)(4) of the Penal

Law, 5737-1977 (hereinafter referred to as “the Penal Law”).

(b) A person importing to Israel an infringing copy of a work for the

purposes of trading therein shall be liable to imprisonment for a term of

five years or a fine ten times the fine provided for in section 61(a)(4) of

the Penal Law.

copy of a work or a person who sells, lets for hire or distributes

infringing copies of a work on a commercial scale, shall be liable to

imprisonment for a term of three years or a fine seven times the fine

provided for in section 61(a)(4) of the Penal Law.

(d) A person in possession of an infringing copy of a work for the purposes

of trading therein shall be liable to imprisonment for a term of three

years or a fine seven times the fine provided for in section 61(a)(4) of

the Penal Law.

(e) In this section, the words “infringing copy” means each of the following:

(1) a copy made in Israel without the permission of the owner of the

Act, 1911;

(2) a copy imported to Israel which would have constituted an

infringement of the Copyright Act, 1911 had it been made in Israel;

however a copy made abroad with the permission of the owner of

the copyright in the country in which it was made shall not be

deemed an infringing copy.

Possession of an infringing object (Amendment 2002)

11. A person producing or in possession of an object designated for the

production of copies of a work for the purpose of committing an offence

under section 10(a) shall be liable to imprisonment for a term of one year or

twice the fine stated in section 61(a)(4) of the Penal Law.

Double fine for body corporate (Amendment 2002)

12. Where an offence under section 10 or 11 is committed by a corporate

entity, such corporate entity shall be liable to double the fine provided for

the offence.

Responsibility of senior officer of a corporate entity (Amendment

2002)

13. (a) A senior officer of a corporate entity is obliged to supervise and take any

action necessary to prevent any of the offences specified in sections 10

or 11 (hereinafter referred to as “an offence”) by a corporate body or

any of its employees. Where such senior officer is in breach of his

aforesaid obligation he shall be liable to the fine stated in section

61(a)(4) of the Penal Law.

(b) Where an offence has been committed by a corporate entity or any of its

employees, there is a presumption that the senior officer was in breach

of his obligation under paragraph (1), unless it is proved that he took

any action necessary to perform his aforesaid obligation.

director of a corporate entity, a partner - excluding a limited partner -

and an officer responsible on behalf of the corporate entity for the field

in question in which the offence was committed.

14. (Amendment 2002) Paragraph 2(2) of the Copyright Law, 1911 shall

henceforth be read with the addition of the following subparagraph: “(C1)

Possesses for the purpose of trade therein; or”

15. (Amendment 2002) Subparagraph 3 of paragraph 6 of the Copyright Law,

1911 shall no longer apply.

End.

-----------------------------

ISRAEL

Unofficial translation of the Israel -

PERFORMERS’ AND BROADCASTERS’ RIGHTS LAW, 5744-1984, as

amended. (translation made 12/2005)

Chapter One: Interpretation

Definitions 1. In this Law-

“performer” – means a person who by acting, singing, playing an

instrument, dancing or in some other way performs a literary,

artistic, dramatic or musical work;

“broadcaster” – means a person who makes, with consents as

required by law, a radio or television broadcast;

“performance” – means the performance of a literary, artistic,

dramatic or musical work by a performer;

“fixation” – means the preservation of a performance or a

broadcast by any means that allow the performance or broadcast to

be seen, heard or reproduced;

“broadcast” – means the transmission or dissemination to the

public, by wire, wireless or any other means, of sounds and images

or of a combination of sounds and images;

“secondary broadcast” – means a broadcast in which one person

broadcasts the broadcast of another person, simultaneously with

the that other person’s broadcast;

“reproduction” - means the preparation of a copy of a fixation or

of a significant portion thereof.

Chapter Two: Performers’ and Broadcasters’ Rights

Performers’

Rights

2. It shall be the right of a performer that the following acts shall not

be done without his consent:

(1) fixation;

(2) reproduction of the fixation, unless both of the following

apply:

(a) the fixation was made with the performer’s consent;

and;

(b) the reproduction is made for the same purpose for

which the performer’s consent was given.

(3) The broadcast of a performance, unless one of the

following applies:

(a) the performance is broadcast by The Broadcasting

Authority, Educational Television or Army Radio from

a fixation or a reproduction thereof, made with the

consent of the performer, and an agreement exists

between the entity making the broadcast and the person

who made the fixation concerning the right to use the

performance;

(b) the broadcast is a secondary broadcast made with

the consent of the entity making the original broadcast;

(4) The sale, lending, rental, distribution, importation or

possession- for commercial purposes, of a fixation or a

reproduction thereof, if the fixation or reproduction was made

without the consent of the performer.

Granting of

consent

3. Consent for purposes of section 2 will be deemed granted:

(1) where the performer is a soloist or an individual

who is not a member of a group – is given by the

performer or a representative authorized by him in

writing;

(2) where the performer is a group – is given by a

representative authorized in writing by the members of

the group or, if there is no such representative, by the

majority of the members of the group.

Royalties for

public

performance

(a) A performer is entitled to equitable remuneration for the

public performance or display of his performance.

(b) Remuneration pursuant to subsection (a) shall be paid to

the Collective Rights Management Society that represents the

largest number of performers and of holders of performers’

rights (hereinafter – Representative Collecting Society).

royalties to performers who are members of the Representative

Collecting Society and to performers’ who are not members of

the Representative Collecting Society, in the manner to be

prescribed by regulation enacted by the Minister of Justice

with the approval of the Knesset Constitution, Law and Justice

Committee.

Exemption from

consent

4. The provision of section 2 shall not apply when the said acts

constitute fair distribution or fair use done for purposes of private

study or non-profit instruction, or for research, critique, survey or

a journalistic summary.

Moral right 4A

(a) The performer has the right to have his name stated with

every performance by him and on every recording or copy

thereof, to an extent and degree customary in such cases.

(b) The performer is entitled that no distortion, damage or

other change be made of a fixation of performance in which he

participated or of a reproduction of a said fixation, or that no

other act be performed that denigrates the performance in a

manner liable to injure the performer's honor or reputation.

wrong and the provision of the Civil Wrongs Ordinance (New

Version) shall apply to it.

Broadcasters'

rights

A broadcaster has the right that the acts specified below shall only

be done with his agreement:

(1) Fixation of the broadcast;

(2) Reproduction of a fixation of the broadcast;

(3) Broadcast of a fixation of a broadcast, or broadcast of a

reproduction of such fixation;

(4) The sale, rental, distribution, importation or

possession for commercial purposes, of a fixation of

the broadcast or a reproduction of the said fixation;

(5) secondary broadcast of a broadcast, except

where transmission of the secondary broadcast is

required pursuant to either Paragraph 6[21](a) or

Paragraph 6[49](4) of the Telecommunications Law

(transmissions and broadcasts), 5742-1982.

Protection 4B. The provisions of Paragraph 4A1 above shall not apply to a

broadcast performed in violation of a copyright or of a performer's

rights.

Exemption from

consent

4C. The provisions of Paragraph 4A1(1) and (2) shall not apply where

the aforesaid acts were performed for private use or for fair use. In

this paragraph "fair use"- means reasonable use for purposes of

private study or unremunerated instruction, or for research or

critique.

Applicability of

provisions

In Chapters Three and Four, except for Paragraphs 6,10,11 and 12,

references to the terms "performer" and "performance" should be

deemed to include "broadcaster" and "broadcast".

CHAPTER THREE: REMEDIES AND PENALTIES

Civil remedies 5. A performer whose right under this Law has been infringed, shall,

mutatis mutandis, have all the civil remedies available in law to

the holder of a copyright whose copyright has been infringed.

Penalties 6. (A) The following acts shall be punishable by imprisonment for a

term of three years or a fine seven times the fine provided for in

section 61(a)(4) of the Penal Law, 5737-19772:

(1) the making an infringing copy of a performance for the

purpose of trading therein;

(2) engaging, by way of trade, in the sale, hire or

distribution of an infringing copy of a performance, or

selling, letting for hire or distributing infringing copies on

a commercial scale.

(a1) The possession of an infringing copy of a performance for the

purpose of trading therein shall be liable to imprisonment for a

term of one year or a fine five times the fine provided for in

section 61(a)(4) of the Penal Law.

(a2) In subparagraphs (a) and (a1) above, “infringing copy” means

the fixation of a performance or reproduction of such a fixation,

made without the consent of the performer, contrary to the

provisions of Paragraphs 2 and 3 (of this law), unless the doing

thereof is permitted under the provisions of this Law or where

such acts were done with the consent of any person authorized to

2Sefer Ha-Chukkim of 5737, p. 226 – LSI, Special Volume.

grant such consents pursuant to the provisions of this Law.

(a3) The following offences shall be punishable by imprisonment

for a term of six months or double the fine provided for in section

61(a)(3) of the Penal Law:

(a) the making of an infringing copy of a broadcast for the

purposes of trading therein;

(b) engaging, by way of trade, in the sale, hire or

distribution of an infringing copy of a broadcast, or selling,

letting for hire or distributing infringing copies of a

broadcast on a commercial scale.

In this subsection, “infringing copy” means a fixation of a

broadcast or reproduction thereof, made without the

consent of the broadcaster, contrary to the provisions of

section 4A1, unless the commission thereof was permitted

by law.

(a4) Where an offence has been committed under subsections (a),

(a1) or (a3) by a corporate body, the penalty shall be double the

fine provided for the offence.”

(B) It shall be an offense, punishable by fine, for a person to

purport to act on the basis of consent knowing that such was not

given or knowingly acting in excess of the scope of such consent.

Duty of

supervision

7. (a) A senior officer in a corporate body shall be obliged to

supervise and take any action necessary to prevent any of the

offences set forth in section 6 (hereinafter referred to as “the

offence”) by a body corporate or any of its employees. Where such

senior officer is in breach of his aforesaid obligation he shall be

liable to the fine provided for in section 61(a)(4) of the Penal Law.

(b) Where an offence has been committed by a corporate body or

one of its employees, there is a presumption that the senior officer

was in breach of his obligation under subsection (a), unless it is

proved that he took action necessary to perform his aforesaid

obligation.

a corporate body, a partner - excluding a limited partner - and

an officer responsible on behalf of the body corporate in the

field in question in which the offence was committed.

Order of seizure

or prohibition of

distribution

8. In addition to any other relief, the court may order the seizure of,

or prohibit the distribution of, a fixation or of any reproduction

thereof; Where the court grants a seizure order, it shall direct how

the seized fixation or reproductions shall be disposed of.

Application of 9. (a) A seizure order pursuant to paragraph 8 shall have effect

seizure order to

person not party

against any person named therein who possess a fixation or

reproduction thereof for purposes of sale, hire, distribution or

storage even if such person was not a party to the proceeding

(such a person hereinafter referred to as a "non-party").

(b) The court may make the grant of a seizure order against a

non-party conditional on the submission to the court of a

security deposit of an adequate amount; If the court, on the

application of a non-party, is satisfied that the application for

the order was unreasonable, it may, after giving the parties

concerned an opportunity to be heard, direct the forfeiture of

the whole or part of the security deposit in favor of the person

against whom the order was issued, to compensate him for the

damage caused by the implementation of the order.

will lapse in accordance with subparagraph (e) below, or upon

the expiration of 30 days from date of execution, unless in the

interim a criminal or civil complaint of infringement has been

filed with the court against said non-party and such complaint

cites a cause of action that justifies the maintaining the seizure

order in force.

(d) A seizure order that has not been implemented shall

become void upon the expiration of ninety (90) days from the

date on which it was made.

(e) A person against whom a seizure order under subsection (c)

has been implemented may, within thirty (30) from the date of

the implementation, apply to the court that made the order to

revoke or vary it. The court may extend the period if it deems

it justified to do so in the circumstances of the case.

CHAPTER FOUR: Miscellaneous Provisions

Period of

performer's

rights

10. The provisions of this Law shall not apply to a performance after

the expiration of fifty years from the end of the year in which the

original performance was given.

Period of

broadcaster's

rights

10A The provisions of this Law shall not apply to a broadcast after the

expiration of twenty five years from the end of the year in which

the original performance was given.

Performer being

an employee

11. Where a performer is employed as an employee and the

performance is given in the course of, and in the consequence of,

his service with his employer, the rights conferred by this Law on

the performer shall, in the first fifteen years of the period

mentioned in section 10, vest in the employer, and during the

remainder of that period, in the performer, then unless otherwise

provided for by agreement.

Performer being

a police officer

or soldier

12. (a) Where a performance is given in the course of and in

consequence of the service of the performer in the Police or

Military, the provisions of section 11 shall apply as if the State

were their performer’s employer if –

(1) the performer is a police officer, or;

(2) the performer is a person who is in the course of

regular service in the Armed Forces;

(3) the performer is a person who in the reserve forces

of the Israel Defense Forces and performance is

produced by the Israel Defense Forces.

(b) Where a performance is given in the course and in

consequence of the service of the performer in reserve service,

the State may broadcast and fix it without his consent.

(1) The phrases "a person who serves in the standing

Army" and "a person who serves in the Army reserves

forces" shall have the respective meanings assigned to

these phrases in the definition of “soldier” in section 1

of the Military Justice Law, 5709-1955;

(2 ) “reserve service” shall have the same meaning as

in the Defense Service Law (Consolidated Version),

5719-1959.

Performance

outside Israel

13. (a) This Law shall not apply to performances given outside

Israel.

(b) Notwithstanding the provisions of subsection (a), the

Minister of Justice may direct by Order that all or part of the

provisions of this Law shall apply to performances given

outside Israel if so provided for by an [bilateral] international

convention to which Israel is a party and to performance given

outside of Israel if so provided for by a multilateral convention

to which Israel is a party.

Performance

before coming

into force of law

14. This Law shall not apply to a performance which took place before

its coming into force.

Saving of laws 15. This Law shall be in addition to, and not in derogation of, any

other law.

Freedom of

stipulation

16. The provisions of this Law shall not affect or derogate from the

conditions of any agreement made either before or after its coming

into force.

Status of the

State

17. This Law shall apply to the State.

Commencement 18. This Law shall come into force upon the expiration of thirty days

from the date of its publication [20.6.1984].

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Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:

a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and

b) Customer is a person, who accepts this Offer and who is the author of any publication.

Article 2. Acceptance.

1. The Customer shall accept this Offer in case of and after the following activities:

a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and

b) provide the author’s abstract specifying what material was created by the author; and

c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and

d) post (“upload”) the material itself on the Executor’s official website; and

e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.

2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.

3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.

Article 3. Scope of the Agreement.

1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.

2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.

3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile.

4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.

5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.

Article 4. Register.

1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.

2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.

3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.

4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.

5. Both the Register and the official website shall be the Executor’s property.

6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.

7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.

Article 5. Obligations of the Parties.

1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.

2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.

3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.

4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.

5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.

Article 6. Payment for the Executor’s services. Agreement price.

1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.

2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.

3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.

4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.

5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.

6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.

Article 7. Withdrawal from the Agreement.

1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.

2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):

a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or

b) provision of false information by the Customer; and/or

c) any other technical reasons.

Article 8. Information sharing.

1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy).

2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.

3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.

Article 9. Arbitration.

1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations.

2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.

4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.

Article 10. Other terms and conditions.

1. This Agreement is made in written and electronic form, in one counterpart, which:

a) Agreement in writing is kept in the Executor’s office, and

b) posted in electronic form on the Executor’s official website in Internet.

2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision.

3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.

4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.