- Short Title
- Applicability of Copyright Act to Importation of Copyright Works into Israel
- Protection of Computer Software
- Offenses
- Compensation Without Proof of Damage
- Definitions
- Private and Domestic Use
- Payment to Owners of Copyright and Performers’ Rights
- Division of Royalties
- Loan or Rental
- Regulations
- Copyright in Case of Unpublished Work
- Moral Right
- Period of Copyright Protection
- Protection of Foreign Works
- First Publication of Work
- Permission to Use Copyrighted Material for Purposes of Educational Broadcasts
- Modification of Copyright Act 1911
TABLE OF CONTENTS | |
---|---|
Article | |
Short Title .............................................................................................. | 1 |
Applicability of Copyright Act to Importation of Copyright Works | |
into Israel ............................................................................................... | 2 |
Protection of Computer Software........................................................... | 2A |
Offenses ................................................................................................. | 3 |
Compensation Without Proof of Damage .............................................. | 3A |
Definitions ............................................................................................. | 3B |
Private and Domestic Use ...................................................................... | 3C |
Payment to Owners of Copyright and Performers’ Rights..................... | 3D |
Division of Royalties ............................................................................. | 3E |
Loan or Rental ....................................................................................... | 3F |
Regulations ............................................................................................ | 3G |
Copyright in Case of Unpublished Work............................................... | 4 |
Moral Right............................................................................................ | 4A |
Period of Copyright Protection .............................................................. | 5 |
Protection of Foreign Works.................................................................. | 6 |
First Publication of Work....................................................................... | 7 |
Permission to Use Copyrighted Material for Purposes of Educational | |
Broadcasts.............................................................................................. | 7A |
Modification of Copyright Act 1911...................................................... | 8 |
Whereas, by an order of His Majesty in Council, dated March 21, 1924, the provisions of an act of the imperial parliament of Great Britain, known as the Copyright Act, 1911, were extended to Palestine, and by proclamation of the High Commissioner dated April 23, 1924, the said act has been brought into force in Palestine as from March 21, 1924; and whereas it is desirable to make provision for certain matters incidental to the application of the said act; be it enacted by the High Commissioner for Palestine with the advice of the Advisory Council thereof:
1. This ordinance may be cited as the Copyright Ordinance.
2. For purposes of the application of section 14 of the Copyright Act, 1911, to the importation into Israel of copies of works made outside Israel— 2A. For purposes of copyright, computer software shall be treated like a literary work, within the meaning of that term in the Copyright Law, 1911.
3.—(1) If a person knowingly does one of the following, then he shall be liable to three years imprisonment and to a fine seven times the fine prescribed in section 61(a)(4) of the Penal Law 5737—1977:
(a) he makes an infringing copy of a work subject to copyright in order to sell or rent it; 3A. If the damage caused by a copyright infringement has not been proven, then the Court may, on the application of the plaintiff, award in respect of every infringement compensation in an amount of not less than NS 10,000 and not more than NS 20,000; the Minister of Justice may, with the approval of the Knesset Constitution, Legislation and Justice Committee, change the said amounts.
Definitions
3B. In sections 3C to 3F—
“copyright”—within its meaning in section 1(2) of the Copyright Law 1911; “royalties company”—each of the following: (3) a body corporate that represents a majority of audio producers and a body corporate that represents a majority of video producers jointly, which were approved for purposes of this Law by the Minister of Education, Culture and Sport;
“recording”—preservation of a performance by any means that makes it possible to see, hear or copy the work;
“recordable media”—a device on which there is no recording and on which an audio or video recording can be recorded, other than a device intended for use in a computer;
“copying”—copying a recording or a substantial part of it.
3C. Recording or copying a work on recordable media for private and domestic, but not commercial, uses shall not be a violation of copyright and performers’ rights.
3D.—(a) The Government shall compensate the copyright owners and the owners of performers’ rights for the loss of income and violation of rights caused to them by the recording and copying for private and domestic use under section 3C. 3E. In the case of disagreement on the division of royalties, the Court shall decide the matter; to the Court hearings shall be summoned, in ways to be prescribed by regulations, representatives of the royalties companies, a representative of the Ministry of Education, Culture and Sport and the author or performer, in respect of whose royalties there is disagreement, as the case may be; the Court’s decision shall bind all royalties companies and all holders of copyright and performers’ rights, even if they were not parties to the proceeding before the Court.
3F. A loan or rental for commercial purposes of recording media on which a work or a substantive part thereof is recorded is copyright within its meaning in the Copyright Act.
3G. The Minister of Education, Culture and Sport may, in consultation with the Minister of Justice, make regulations for the implementation of this Ordinance.
4. In the case of an unpublished work, the author shall be entitled to copyright to it if, when he wrote the work, he was an Israel citizen or an Israel resident.
4A.—(a) The author has the right to have his name stated with his work, to an extent and degree customary. 5.—(1) The copyright of anonymous and pseudonymous works shall be protected for 70 years after the date of their publication; however, if the author of an anonymous work discloses his identity during the said period or if the pseudonym adopted by the author leaves no doubt on his identity, then the period of protection shall be as said in section 3 of the Copyright Act, 1911, as modified by this Ordinance.
(2) In respect of the joint work of several authors— 6. If a convention was signed between Israel and another state on the matter of copyright protection or if Israel acceded to a convention on this matter, then the Minister of Justice may, by order published in Reshumot, order that the works for which that convention requires protection in Israel shall be protected according to the provisions of the order; the protection afforded a said work shall not be greater than that which would have been afforded to that work, had it first been published in Israel, if it was published, or, had the author been an Israel citizen when he wrote it, if it was not published; however, an order may provide for greater protection than this, if it so was agreed in the convention, but not greater than as agreed.
7.—(1) If a work was published in several countries within 30 days after its first publication, then it shall be deemed to have been published simultaneously in all of them.
(2) If a work was published simultaneously in Israel and in other countries, then shall be deemed to have been first published in Israel; however, a said work shall not be deemed to have been published in Israel, if publication in Israel was for the sake of appearance only.
7A.—(a) For purposes of this section—
“broadcast”—a radio broadcast and a television broadcast;
“incidental use of work”—use of a work or of a part of it which is of minor importance for the subject of the broadcast, as background or as a connecting element or for the illustration or concretization of the subject of the broadcast.
(b) The following shall not be deemed infringements of the copyright in a work— 8. The Copyright Act 1911, shall be read as modified or added to by this Ordinance.
* The date of the consolidated text is not known. Short Title
Applicability of Copyright Act to Importation of Copyright Works into Israel
Offenses
Compensation Without Proof of Damage
Private and Domestic Use
Payment to Owners of Copyright and Performers’ Rights
Division of Royalties
Loan or Rental
Copyright in Case of Unpublished Work
Moral Right
Period of Copyright Protection
First Publication of Work
Permission to Use Copyrighted Material for Purposes of Educational Broadcasts