ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
Israel, will be protected according to the provisions of the treaty. 3.3 Copyright Authorship The Copyright Act stipulates that: • The author of a work is the first owner of copyright in the work and the producer of a sound recording is the first owner of copyright in a sound recording. • In works created by employees, the employer is the first owner of copyright in a work made by an employee in the course of their service and dur - ing the period of their service, unless otherwise agreed. • Regarding works made for hire – in a work made pursuant to a commission, the first owner of the copyright will be the author, unless otherwise agreed between the commissioning party and the author, expressly or by implication. However, regarding commissioned works, such as a portrait or a photograph of a family event or other private event, the first owner of the copyright therein will be the commissioning party, unless otherwise agreed. The Copyright Act does not include any reference to work that was not created by a human (eg, work cre - ated by AI software, an animal, etc) and Israeli courts have not yet addressed this issue. Joint Authorship “Joint work” means a work created by several authors jointly, in which it is not possible to discern each author’s part in the work. Usually, joint work will be co-owned by its joint authors. There is no special rule in the Act regarding the use of a joint work but, according to court cases, the general rules of property apply – accordingly, each one of the co-owners has the right to “reasonable use” of the property, subject to payment to the other co-owners. 3.4 Copyright Rights The rights granted to copyright owners, as detailed in Section 11 of the Copyright Act, state that the copy - right owner of a work has an exclusive right to perform the following acts in respect of the work, or a substan - tial part thereof, as follows:
• reproduction; • publication – with respect to a work not yet pub - lished; • public performance – with respect to a literary work, dramatic work, musical work and sound recording; • broadcasting; • making it available to the public; • making a derivative work; and • rental with respect to sound recording, cinemato - graphic work or a computer program. Moral Rights The Act recognises moral rights. Accordingly, the author of a work (excluding computer programs) will have moral rights during the entire period of copyright protection. The moral right is personal, non-transfera - ble and will be available to the author even if they do not have copyright in the work or if they have assigned the copyright in the work. The moral right includes the right of paternity, namely the right of the author to have their name identified with their work in the manner appropriate under the circumstances; and the right that no distortion will be made to the work, no mutilation, other modification, or any other derogatory act will be made in relation to the work, where any of the aforesaid acts would be prejudicial to the author’s honour or reputation. 3.5 Term of Protection and Termination The duration of copyright protection in a work is for the duration of the life of its author and 70 years after the author’s death. Copyright in a typeface (font) will be for a period of 70 years from the date of publication thereof. Copyright in a work of which the state is the first owner will be for a period of 50 years from the date of its creation. The rights in a copyrighted work are not eligible for termination. 3.6 Collective Rights Management Systems Collective rights management systems are regulat - ed in Israel under the Commercial Competition Law rather than under the Copyright Act and include the following organisations:
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