FAQs

Copyright gives the author (or copyright holder) the right to prevent others from performing any of the actions assigned to the copyright holder by law: for example, copying (in all media), publishing, licensing, duplicating, broadcasting, making the work available to the public, publishing, public performance, creating adaptations, etc. This means that in order to do one of these actions, the rights holder’s approval must be obtained.

Copyright protects only original works. An original work is a work that the creator created himself (and the work was not copied from someone else). In addition, the law requires a minimum personal investment and creativity in the work. Further, original works are divided into five types:

1) Literary works – for example, texts;

2) Works of art – for example, paintings;

3) Dramatic works – for example, films;

4) Musical works – for example, melodies;

5) Recordings (for example, records / discs / tapes).

On the other hand, copyright will never apply to ideas, processes and methods of execution, mathematical concepts, facts or data and news today.

As a rule, for most types of works the copyright exists from the moment the work is created for the entire life of the author as well as seventy years after his death, so that the author can bequeath this right to others. The work then becomes public domain.

In addition to copyright, the creator has the moral right, which includes both the right to prevent the distortion of the work and the right to attribute (credit) to the extent appropriate according to the circumstances of the case. This right will forever remain the author’s, even if that copyright has been transferred to a third party who is not the author. However, the creator may waive this right in a written agreement.

In order for a work to enjoy copyright protection, it must be original, that is, created by the author and not copied from anyone else, with minimal personal investment and creativity of the author in the work, and must belong to one of the following types:

1. Works of art – for example, paintings;
2. Musical works – for example, melodies;
3. Literary works – for example, texts;
4. Dramatic works – for example, films;
5. Recording (e.g. on records / discs / tapes).

It is important to know that copyright does not apply to an idea, mathematical concept, process and method of execution, fact or today’s news.

In Israel, there is no legal obligation to register the work in order to obtain copyright on the work. In fact, in Israel there is no copyright register (as opposed to patents, trademarks and designs).

The copyright is created for the creator of the work immediately upon the creation and fixation of the work. That is, it is not enough to think about the work but to give it physical expression, to determine it, in the form of a book, a drawing, a text, etc.

Therefore, we recommend that the copyright holder documents the work process, marks his/her work with the symbol © (next to the name of the copyright holder and the date of creation), which symbolizes to the world that the work is copyrighted, and includes, where possible, a copyright clause (e.g. replicate, trade, etc.). In appropriate cases, it is worth considering the registration of copyright abroad (in the US for example), for the evidential value of the existence of the right and especially when the work is to be distributed in the American and international market.

Yes. Your work can be registered in foreign countries that allow it, such as the United States, for evidentiary purposes, as well as in some countries to initiate legal proceedings concerning the work (for example, filing a copyright infringement lawsuit).

A person who has performed an act specific to the copyright holder (copying, renting, publishing, reproducing, making the work available to the public, broadcasting, public performance, creating adaptations, etc.), without the consent or permission of the copyright holder, infringes copyright except in cases where the action is permitted by an explicit legal provision (such as in cases of fair use of the work).

Copyright does not protect an idea, but the way it is expressed. Thus, for example, it is not possible to obtain protection for an idea for a book, but for its way of expression, i.e. for the book itself or for a sufficiently detailed and creative plot summary of the story.

In order for you to prove that their work has been copied / infringed, you must be able to prove that it is your original work that is entitled to copyright protection, and that you are the rightful owner of the work.

Copyright does not require registration, so it is important to document the date of creation (for example, using Metadata if it is digital files such as images or Word files, or through various publications) and / or register it in a recognized registry (for example, the US Library of Congress).

In addition, it is recommended to mark the ownership in the work, such as applying a watermark on an image or an “all rights reserved” clause (on the website, on printed materials, etc.).

It is also very important to work in an orderly and documented manner, with legal agreements governing the use of the work. For example, in cases where a client has ordered a job from you, it is very important to address the issue of copyright ownership in the agreement.

If someone copied your work, this can be proven first by direct evidence – for example, checking metadata data of a digital file indicating that the file does not belong to the infringer, a video of the infringer copying the work, the infringer’s confession, or by proving two cumulative conditions:

1. Approach – Proof that the infringer had the possibility of access to the creation of the plaintiff (in today’s era it is much easier to prove).
2. Similarity – when the similarity between the two works is so substantial that the only explanation is copying.

If you believe that your work has been copied, it is very important to document the infringement (such as through screenshots), gather all the evidence for proof of ownership in the work as well as the damage caused and the profit generated to the infringer, and seek professional legal advice.

The legal actions that can be taken in cases of violation include sending a warning letter (which can include a demand for compensation), conducting negotiations with the infringer, performing actions to remove the infringing content as well as issuing restraining orders and filing a lawsuit.