A Copyright is an exclusive right held by a creator of a work to take certain actions in regards to his creation, such as copying, publication, public performance, broadcasting, uploading to the Internet, leasing, as well as to create new works based on the existing work (which is referred to as a “derivative work”).

GKDM accompanies and advises the firm’s clientele, whether from Israel or abroad, in all that relates to Copyrights from the idea stage, through the formulation of the expression/creation and until the publication or sale stage.

The professional legal advice includes protection of Copyrights, depositing works, software licensing agreements, usage agreements, publication agreements, Copyright sales agreements, and more.

GKDM also represents clients in courts in Copyright infringement cases while integrating and applying comprehensive legal knowledge from various legal aspects, including Commercial Torts, Unjust Enrichment and more.

Who possesses a Copyright?

A creator of a work can be a photographer, novelist, painter, sculptor as well as a software programmer. A work can be artistic, architectural, dramatic or audiovisual. A computer program or an application for a smartphone or tablet are also considered works that can enjoy a Copyright protection.

Who infringes on Copyrights?

Anyone who uses a work without permission from its creator infringes on the creator’s exclusive rights, that is to say – infringes on Copyrights.

What is the monetary compensation for Copyrights violation?

A person whose Copyrights are infringed upon is entitled to compensation without proof of damages (statutory damages) of up to NIS 100,000 for every infringement. If the actual damages are higher, higher compensation can be claimed.

In some cases the law holds that even if a use of a work has been made without the creator’s consent, such use will be protected from claims of infringement. Examples include a good faith usage for the purpose of education, research, news reports, quotation, and so forth.

Does an author deserve a credit for his work?

Parallel to a creator’s right to prevent the non-sanctioned use of his work (what is referred to as – “financial right”), the creator also has a moral right in his work (“droit moral”). The moral right is the creator’s right to credit for his work as well as the right that the work not be modified or that use not be made of it which is injurious to the creator’s dignity. For example – severe neglect of a statue by a local municipality, or hanging works of art adjacent to a public restroom, or use of a song for the purpose of promoting a matter which is hotly disputed by the public at large.

How can I obtain a Copyright?

A Copyright is created with the creation of the work and in general no additional (active) action need be taken in Israel in order to create the right (i.e. no registration in a formal registry and so forth are required). On the other hand, in order to better protect the Copyright it is recommended to take various legal actions, including appropriate agreements or depositing the work with an expert attorney, and all prior to publishing the work to the public at large.

However, you should know that the United States has a federal registry of Copyrights and the registration of a work therein confers various protections and benefits to the creator.

Not every work enjoys a Copyright. In order that a particular work be protected by Copyright, it is not sufficient that the creator invested his efforts, time or skill in its creation, but rather the work must be original. That is to say, it must possess characteristics which are different and independent from the materials of which it is comprised, even if only at a small level of personal expression by the creator.

An abstract idea is not considered a work and it is not protected by Copyright. The protection is given to an expression of an idea and on condition that the expression constitutes an original creation.

If you have any questions regarding Copyrights, please contact us.

The above is an overview and does not constitute a legal advice. Professional legal advice requires individual examination of the specific circumstances.

 

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