Israel

Legal background

Copyright legislation	Copyright Act 2008 ("CA") From http://www.knesset.gov.il/privatelaw/data/17/3/196_3_1.rtf
Other relevant laws	E-commerce act proposal 2008 ("ECP") ("ECP") From http://www.netlaw.co.il/files/doc/leg_20080114_electoric_trade_law_offer.pdf
	Borochof Arnon Vs. Poran Elishay ("Borochof") From http://www.netlaw.co.il/files/doc/ver_140702_borochov_v_foran.htm
	Yizhak Sudri Vs. Arnon Shtellreed ("Sudri") From http://www.netlaw.co.il/files/doc/ver_20050801_sudri_v_hydepark.doc
	Ariel City council Vs. Walla communications ("Ariel") From http://www.law.co.il/media/computer-law/ariel_walla.pdf
	Eliyahu Vs. Lebowitz ("Eliyahu") From http://www.nevo.co.il/Psika_word/elyon/PADI-NC-2-309-L.doc
Copyright treaties	Berne Conventionⁱ	Berne Appendix	TRIPSⁱ	WCTⁱ	WPPTⁱ
Other relevant treaties

Scope and duration of copyrightⁱ

Is the period of protection of each type of copyright work limited to the minimum duration mandated by the Berne Convention?	NO Works are generally protected for 70 years after the author's death. Works published by the government and recordings, are protected for 50 years.	CA s.38-44
Must a work be fixed in some material form before copyright attaches?	YES	CA s.4(A)
Is the exercise of copyright subject to competition law, for example by compulsory licensing or regulation of royalties in the case of copyright holders who misuse their monopoly power?	LIMITED Interpretation would apply competition law to impose restriction on copyright owners.
Is the exercise of copyright subject to compliance with a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech?	LIMITED Lower courts indicate such interpretation.
Does the compilation of a database of non-original material fall outside the scope of copyright?	LIMITED Databases fall in the scope of copyright. But databases are protected only if there is originality in the selection and organization of the data.	CA s.1, 4
Do exceptions and limitations in national copyright law prevail over contracts purporting to limit or override them?	NO In most cases contract prevails over limitation and expiations in national copyright law.

Freedoms to access and use

By Home Users	Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)?	NO	CA s.12
	Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes?	LIMITED Licensed softwareⁱ reproduction is allowed explicitly. Reproduction of software for the purposes of system maintaining or security risk assessment is allowed.	CA ss.18, 19, 24
	Can works be communicated to a limited public (for example, family and friends) without infringing copyright?	LIMITED Licensee is prohibited to communicate the licensed work to public ("private performance" is open to court interpretation).
	In any other cases may reproductions be made on a private, noncommercial basis, for example through peer-to-peer file sharing?	NO
	Are blank media and computer hardware sold free of compulsory levies collected for copyright owners?	YES
For Education	Is reproduction permitted for the purposes of research or study?	YES Subject to fair useⁱ criteria: usage purpose, nature of the work, usage scope, affect on the commercial value of the copyrighted work and its potential market.	CA s.19
	Is it permissible to copy an entire work and to make any number of copies?	LIMITED The fair use criteria includes reference to the nature of the usage including qualitative and quantitative measurement of the use. It seems that an entire copy of the work and multiplied copies would not fit within these criteria.	CA s.19
	Does any such research and study provision cover distance and online education?	YES Not explicitly, but would fall within the scope of the provision.	CA s.19
	May translations of works be made for educational purposes?	LIMITED Only if fair use criteria is satisfied.	CA s. 19
	May works be reproduced and published by educational institutions in connection with systematic instructional activities?	LIMITED	CA s.29
Online	Is hyperlinking to a Web site allowed without permission of the site's owner?	YES
	Are temporary or transient copies, incidental to a lawful use, excepted from copyright?	YES	CA s.26
	Is caching of Web content permitted?	LIMITED There is no explicit reference to web cache in law. Caching is generally permitted when operated by ISPs.	CA s.26 , ECP s.9
	Are ISPs protected from liability for infringements by third parties, because the law either does not impose liability upon intermediaries or limits their liability in certain circumstances?	YES ISPs must expeditiously remove an infringing material from their networks if they become aware that it is likely to be infringing. Courts established the ISP limited liability doctrine and the current act draft adopted it.	ECP s.9; Borochov; Sudri
	Do ISPs provide Internet access without conducting filtering or monitoring for potential copyright-infringing material?	YES
	Are the names and personal information of customers who are alleged to have engaged in copyright-infringing behaviour protected from disclosure by their ISPs?	LIMITED Copyright owners may apply to court for subpoenas to expose the names and personal information of such customers.	Ariel
By content creators	Can a recording or performance of a musical work be made under compulsory license from the composer?	NO
	Can copyright works be non-commercially remixed or mashed up into new works?	LIMITED Remixed or mashed up works may be legal if done according to fair use criteria or incidental use.	CA s.22
	May computer software be reverse engineered for the purpose of creating interoperable software?	YES The law protects the right to create a derivative workⁱ for the purpose of interoperability. However, reverse engineering specifically is not discussed.	CA s.24
	Is the incidental inclusion of a work in other material permitted?	LIMITED Incidental inclusion of copyrighted work maybe allowed in a limited manner.	CA s.22
	Is there are copyright exception for parody or satire?	LIMITED There is no explicit reference to parody or satire; however, it may be included in criticism which is protected as part of fair use criteria.	CA s.19
	Is there a copyright exception for professional advice?	NO
	Do creators who license their work retain the moral right of attribution?	YES	CA s.45
	Does copyright law contain provisions regarding traditional knowledge/folklore?	NO
By the press	Is there a copyright exception for the news of the day?	YES The news of the day are not protected; however, the form of expression of news is protected.	CA s.5(5)
	May copyright material be reproduced for the purposes of review and criticism?	YES	CA s.19
	May political speeches, speeches in judicial proceedings and/or other public speeches be used for any purpose?	LIMITED	CA s.19
	May quotations be used for any purpose?	YES According to CA expectations.	CA mark D
By Libraries	May libraries copy works that cannot reasonably be obtained commercially?	YES It can be done for the purpose of work preserving and replacement of a damaged copy.	CA s.30-31
	May libraries copy works for users for the purpose of research or study?	YES	CA s.30 (B)
	Is the reproduction of unpublished works by libraries permitted?	NO
	Are libraries allowed to make preservation or archive copies of materials in their collections?	YES	CA s.30 (A)(1)
By disabled users	Is it permissible to copy or adapt work for the use of those with disabilities?	NO
In public affairs	Are laws excluded from copyright?	YES	CA s.6
	Are other governmental works excluded from copyright?	YES Parliament protocols and courts decisions are excluded from copyright.	CA s.6
	Is there a copyright exception for use of material in judicial proceedings?	YES	CA s.20

Freedoms to share and transfer

Administration and enforcement

What is the maximum penalty for copyright infringement for an individual?	NIS 100,000	CA s.56
What is the maximum penalty for copyright infringement for a corporation?	NIS 100,000	CA s.56
Is registration of copyright required before it may be enforced in court?	NO
Is there a distinction between personal versus (large-scale) commercial use?	YES	CA s.61,62
Is the creation or distribution of devices that can circumvent technological protection measures (TPMⁱ) permitted, where such devices can be used for purposes that would not infringe copyright?	YES
Is the use of such devices by consumers permitted for any purpose that would not infringe copyright?	YES
Does national copyright or consumer protection law require disclosure to consumers of the existence of TPMs and any potential limitations on the use of TPM-protected material?	NO
Are the operations of copyright collectives subject to public oversight?	LIMITED
Is any portion of the revenues of copyright collectives set aside for benevolent purposes?	LIMITED The major copyright collecting society ACUM, administers number of scholarships every year to compositors, musicians and students.
Are copyright collectives precluded from using their revenues for political lobbying?	NO
Is copyright enforced only through mechanisms provided by law, rather than through private intermediaries?	NO Collective societies made an effort to enforce ISPs to expose infringers details and to block access to infringing content.
Is the enforcement of copyright restricted to civil or private law, rather than attracting criminal sanctions?	NO Where the infringement is for commercial purposes, criminal sanctions are applicable.
Are damages for copyright infringement based on the loss sustained, rather than by a preestablished or statutory damages award?	NO There are statutory damages (no requirements to prove damage).	CA s.56
Is there provision to penalise the wrongful allegation of copyright infringement?	LIMITED There is no specific regulation which address wrongful allegation of copyright infringement. However, specific clause is suggested at the draft of the E-commerce Act.	ECP s.11

Conclusions

Israel's recently-passed Copyright Act is notable as containing one of the few examples outside the United States of a broad general exception for fair use. It also contains a balanced and modern provision for the reproduction of computer software, which includes some innovative exceptions such as reproduction for the purposes of service or maintenance of computer software, and for addressing bugs and security issues.

Whilst modern in this respect, the Copyright Act perhaps anachronistically - but more likely quite deliberately - omits to deal with the circumvention of Technological Protection Mechanisms (TPM), thus allowing Israeli consumers to utilise their fair uses rights unfettered by blanket technical limitations. Combined with the fact that mere possession of infringing material without commercial intent is not criminalised, Israel's law demonstrates remarkable balance in the face of significant pressure from content owners for a law slated in their interests.

This work is licensed under a Attribution Share Alike Creative Commons license

May copyright works be freely offered for commercial rental?	LIMITED Rental of a record, cinema work or software work is right protected by the copyright owner.	CA ss.11(7), 17
May a person in lawfully possession of a copyright work distribute, communicate or make it available without reference to the copyright owner?	NO The right of attribution is protected as part of the moral right protection.	CA ss.45, 46
May works be dedicated to the public domainⁱ without legal formality besides an overt act of relinquishment?	YES
Are orphaned works treated differently in the law to other copyright works, for example by allowing them to be compulsorily licenced, limiting remedies, or by releasing them into the public domain?	YES The duration of copyright is limited to 70 year after the creation or first publication of the work.	CA s.40
Is parallel importation permitted?	YES Court may injunction parallel importation in a case of bad faith.	Eliyahu
Are there incentives for the use, production and dissemination of free and open source software within copyright law or elsewhere in national law/policy?	LIMITED Government provides limited incentives for open source by funding open source software localization projects and adopting open source in governmental offices and institutes.
Are there incentives for the use, production and dissemination of open accessⁱ material (e.g. textbooks) within copyright law or elsewhere in national law / policy?	NO However, there are limited funded governmental and academic efforts to promote open access.