Copyright and related rights in Israel

The law relating to copyright goes back to 1911 and has been amended for the last time in 1999. It was completed by the Copyright Ordinance of 1924. Related rights are protected by the Copyright (Performers’ and Broadcasters’ Rights) Law of 1984. The State of Israel is party to the Berne Convention (Paris Act, 1971), to the Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, to the Rome Convention, to the WIPO Convention and to the TRIPS Agreement. There is in Israel a collective management body for authors’ rights (The Society of Authors, Composers and Music Publishers in Israel (ACUM)) and a collective management body for performers’ rights ("Eshkolot").

1. INTERNATIONAL INSTRUMENTS

The State of Israel is bound by the following instruments :

  • Berne Convention (on literary and artistic works), since March 1950
  • WIPO Convention, since April 1970.
  • Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, since May 1978
  • Rome Convention (protection of performers, producers of phonograms and broadcasting organisations), since December 2002.
  • TRIPS Agreement, since April 1995

2. NATIONAL LEGISLATION:

  • Copyright Act 1911 as last amended by the law of 1999 amending intellectual property laws to suit the provisions of the TRIPS Agreement.
  • Copyright Ordinance of June, 15 1924 as last amended by the law of 1999 amending intellectual property laws to suit the provisions of the TRIPS Agreement.
  • Copyright (Berne Convention) Order 1953
  • Copyright (International Convention) Order 1955
  • Copyright regulations (Determination of Royalties) 1971
  • Copyright (Convention Producers of Phonograms) Order 1978
  • Copyright (Performers’ and Broadcasters’ Rights) Law 1984 as amended
  • Copyright (TRIPS) Order 1999
  • Copyright (Performers and Broadcasters TRIPS) Order 1999

National law regulation of cinematographic and audiovisual works

Right holders:
  • authors;
  • performers;
  • broadcasters.
Protected rights:
  • Authors’ rights:
    • economic rights: reproduction right; right of adaptation and translation; rental and loan right; public performance right.
    • moral rights: right to claim authorship; right to object modification.
  • Performers' rights:
    • economic rights: fixation and reproduction right, broadcasting right, right of distribution, sale, rental, import of copies made without performer’s agreement ;
    • moral rights: right to claim authorship; right to object modification.
  • Broadcasters' rights:
    • economic rights: right to authorise the fixation and re-broadcasting of their broadcasts as well as the reproduction, broadcasting, distribution, sale, rental, import and holding for purposes of commerce of fixations of their broadcasts.
Assignability of rights:
  • authors’ rights:
    • economic rights : assignable inter vivos and mortis causae
    • moral rights: not transferable inter vivos
Existence of a presumtion of assignment of rights to the producer:

no.

Duration of rights:
  • authors’ rights:
    • economic rights: 70 years after the death of the last co-author to survive
    • moral rights: not specified
  • performers' rights: 50 years after performance
  • broadcasters' rights: 25 years after broadcasting year
Remuneration for private copying:

yes

Infringements of rights punished by law:
  • any infringement of rights protected by law
  • counterfeiting or possession of material allowing counterfeiting
  • import of infringing copies
  • putting into circulation, exposition, sale, rental of infringing copies
  • unauthorized public performance
  • making available a place where an unauthorized public performance is organised
Proceedings and penalties:
  • summary proceedings
  • civil and penal actions
  • imprisonment up to 3 years
  • fines
  • seizure
  • suspension of putting into circulation of infringing copies
  • destruction or delivery to the rights holder of infringing copies and material used for their production
  • allocation of damages
  • injunctions and interdictions
  • rendering of account

3. COMPETENT MINISTRY:

Ministry of Justice
29 Salah-Al-Din Street
91010 Jerusalem
Tel. : (972.2) 670.87.11
Fax : (972.2) 670.04.47

4. COLLECTIVE MANAGEMENT OF RIGHTS

The Society of Authors, Composers and Music Publishers in Israel (ACUM)
ACUM House,
Rothschild Boulevard 118,
P.O. Box 14220
Tel Aviv 61140
Israel
Tel : (9723) 6841414
Fax : (9723) 6850 119
Email : acum@acum.org.il
Web site : www.acum.org.il

The Israeli Artists Society for Performers' Rights Limited ("Eshkolot")
30 Dizengof St.
Tel-Aviv, zip:64332
Tel : 972-3-5253737
Fax : 972-3-5285169
E-mail: eshkolot@eshkolot.co.il

5. USEFUL LINKS

Law text in Hebrew: www.law.co.il

International conventions: www.ompi.org, www.wto.org

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