Copyright is the most accessible form of intellectual property protection — it arises automatically upon the creation of an original work, without any registration requirement. However, understanding copyright law and taking proactive steps to protect your works is essential for creators, businesses, and developers in Israel.
What Does Copyright Protect in Israel?
Under the Israeli Copyright Law 5768-2007, copyright protects original works in the following categories:
- Literary works — books, articles, website content, code, scripts
- Artistic works — paintings, drawings, photographs, sculptures, architectural plans
- Musical works — compositions, songs, jingles (with or without words)
- Dramatic works — plays, screenplays, choreography
- Computer programs and software — source code, object code
- Databases — compilations that involve creative selection or arrangement
- Films and audiovisual works
When Does Copyright Protection Arise?
In Israel, copyright protection arises automatically when an original work is created and fixed in a tangible form. Unlike patents or trademarks, there is no mandatory registration system for copyright in Israel.
Duration of Copyright Protection
Copyright protection in Israel generally lasts for the author's lifetime plus 70 years. For works with multiple authors, this runs from the death of the last surviving author.
Special durations:
- Photographs: 50 years from creation
- Works of unknown authorship: 70 years from publication
- Corporate/commissioned works: 70 years from creation or publication
What Rights Does Copyright Provide?
The copyright owner has exclusive rights to:
- Reproduction — copying the work in any form
- Distribution — publishing and selling copies
- Public performance — performing or displaying the work publicly
- Broadcasting — transmitting the work over radio, TV, or internet
- Translation and adaptation — creating derivative works
- Rental — renting out the work (applies to software and films)
Software Copyright Protection
For technology companies and developers, it is important to understand that software is protected by copyright as a literary work in Israel. This includes both the source code and the object code. Copyright protection for software is particularly relevant when dealing with:
- Employee or contractor agreements (who owns the code?)
- Open source licensing compliance
- Software licensing agreements
- Protecting against unauthorized copying or reverse engineering
Copyright Infringement and Enforcement
If someone uses your copyrighted work without permission, you may:
- Send a cease and desist letter
- File a civil lawsuit for damages and injunctive relief
- In serious cases, pursue criminal remedies
Statutory damages in Israel can reach up to 100,000 NIS per infringement without proving actual damages.
Copyright Assignment and Licensing
Copyright can be transferred (assigned) or licensed. Licensing may be exclusive or non-exclusive, for specific territories or uses. Proper copyright agreements are essential for protecting your rights in business transactions.
Pat-Net Pro Copyright Services
Pat-Net Pro Ltd. provides comprehensive copyright consulting and legal services, including:
- Copyright clearance and due diligence
- Drafting copyright assignment and license agreements
- Copyright infringement analysis and enforcement
- International copyright matters
Contact us: +972-3-9777191 | [email protected]
16 Bar-Kochva St., Bnei Brak 5126107, Israel
Recent Comments