Copyright in Israel - a set of legal rules in the State of Israel , establishing legal relations between authors, publishers and society. Currently, copyright law in Israel is regulated by the Copyright Act of 2007 (as amended on July 28, 2011). Israel is a country that has signed all the major international documents governing copyright relations.
Copyright in Israel is equal in status to constitutional law , within the limits of freedom of speech . Unlike many other states with copyright registration authorities (such as the United States Copyright Office ), Israel does not provide registration for copyright works. Copyright for the work appears automatically upon the creation of a unique work.
Content
- 1 Current legislation
- 1.1 Subject and subject of copyright
- 1.2 Duration of copyright
- 2 Fighting violations
- 3 International Treaties
- 4 notes
- 5 Sources
- 6 References
Current legislation
Subject and subject of copyright
Copyright in Israel protects the original literary, artistic, dramatic and musical works recorded in any form. As well as sound recordings.
Copyright law does not protect ideas, processes or methods of execution, mathematical concepts, facts, or news of the day.
By default, the copyright holder of a work is the creator of this work. Otherwise, the author may conclude an agreement with the person to whom the copyright in the work is transferred (however, the moral law always remains with the author). It should be noted that copyright to work created by employees in the workplace belongs to the employer by default, unless otherwise specified. Despite this, the author of the work himself has a moral right to it and his name should be indicated on the publication.
If the work was created by a civil servant during the period of performing direct official duties, then it automatically becomes the property of the state, and Israel is considered the author of such work [1] . The term of protection of such a work is 50 years from the date of publication. The moment the expiration of copyright in a work and the transfer of work into the public domain is considered December 31 of the year in which copyright expires [2] .
Copyright Term
As a state party to the Berne Convention , Israel undertakes to set a copyright term in the country starting from 50 years after the death of the author and no less. Thus, copyright in Israel for authors is valid for their whole life and another 70 years after their death. If the author publishes the work anonymously or under a pseudonym, the copyright for such a work will last 70 from the date of publication of the work. Audio recordings are copyrighted for 50 years from their creation.
Fighting Violations
The advent of the Internet marked the beginning of Internet piracy , which copyright holders could not fight for some time due to quickly outdated copyright laws. By 2013, Israel was among the top ten countries in terms of the number of illegal file downloads from the Internet [3] . To combat piracy, Zira (Copyrights on the Internet) Ltd. was established in Israel in 2011 to protect copyright holders in the Israeli Internet segment. In April 2013, a Tel Aviv court ruled to shut down two popular Israeli sites, Gozlan and Nako, which illegally distributed television broadcasts on the Internet. Some human rights activists, along with the owners of such sites, organized the Stop Zira movement, proclaiming their goal as freedom on the Internet. According to them, the blocked sites are not physically located in Israel, and therefore should not be in the jurisdiction of Israeli courts, so, in their opinion, the courts have no legal reason to require Internet providers to block such sites. According to Meytal Graver-Schwartz, director of state regulation of the Internet community in Israel, “blocking sites is a very serious issue, and this can only be done when all other alternatives are exhausted” [3] . Also known is the case with the cancellation of the temporary decision to block the Popcorn Time website, which in 2015 was illegally blocked by the Tel Aviv District Court [4] .
International Treaties
The State of Israel has signed all the most important treaties relating to the protection of intellectual property and regulating international legal relations [5] .
- Berne Convention for the Protection of Literary and Artistic Works (accession December 14, 1949)
- Convention Establishing the World Intellectual Property Organization (signed July 14, 1967)
- Performances and Phonograms Agreement (signed March 25, 1997)
- WIPO Copyright Treaty (Accession September 30, 2002)
- Rome Convention (accession September 30, 2002)
Notes
- ↑ Dashyan, M.S., 2011 , p. 90.
- ↑ Dashyan, M.S., 2011 , p. 91.
- ↑ 1 2 Shaman, David .
- ↑ Israeli Court quashes an interim order to block access to Popcorn Time (inaccessible link) . law.co.il (July 10, 2015). Date of treatment March 13, 2016. Archived December 12, 2015.
- ↑ Israel: Legislation and agreements in the field of protection of intellectual property rights . WIPO Date of treatment March 12, 2016.
Sources
- Dashyan, M.S. Copyright. Absurdity and genius: a monograph . - M .: Walters Clover, 2011 .-- S. 90-91. - 632 s. - ISBN 978-5-466-00531-8 .
- Shamah, David . Israeli copyright protectors, challengers duke it out online , Times of Israel (April 18, 2013). Date of treatment March 12, 2016.