Copyright issues and related rights for local and international clients of Reinhold Cohn Group are handled by the law offices of Gilat, Bareket & Co., providing ongoing consultation to a range of Internet, media, printing and publishing companies as well as musicians and artists. These services pertain to the protection of musical, literary, artistic, dramatic, and cinematic creations.
There is no requirement for registration under Israeli copyright law. The only requirement is originality. In order to prove rights, one must prove that they were the original authors of the work. It is important to keep records of early versions of the work so that the author will have proof of its copyright by virtue of being the original creator.
Fair use is an exception to copyright infringement. Under Israeli copyright law, fair use includes uses for purposes such as private study, research, criticism, reviews, news reporting, quotations, and instruction and examination by an educational institution. In addition whether use falls under the scope of ‘fairness’ is determined with regard to the (1) purpose and nature of the use, (2) nature of the work used, (3) qualitative and quantitative aspects of the work’s use, and (4) impact of the use on the work’s value and potential market
Ideas are not protected under Israeli copyright law. Only an expression of the idea in tangible form may enjoy copyright.
Under Israeli copyright law, the copyright holder is entitled up to 100,000 Israeli new shekels in compensation without proof of damages for each infringement.
In order to prove copyright infringement, it is necessary to show that the work was accessible and that the degree of similarity between the original work and the accused work is high enough to provide circumstantial evidence that the work was indeed copied.
Copyright infringement occurs when one’s original work is copied by another. It is not necessary that the entire work be copied, and copyright infringement would be sustained if an essential part of an original work is used without permission. An essential part of the work relates not only to quantity but also to quality. For example, the chorus of a song may be considered an essential part of the work and therefore its use would infringe copyright despite it not being the longest part of the song.
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PartnerGilat, Bareket & Co.
Senior Partner, Head of Legal PracticeGilat, Bareket & Co.
Senior Partner, Head of Legal PracticeReinhold Cohn & Partners