Israel: Moral Rights In Israel

Last Updated: 11 January 2019
Article by Tony Greenman

Israel's Copyright Act grants moral rights to authors of works, other than computer programs and phonograms. Moral rights are personal rights which vest in the author. They may not be assigned, although they may be waived. Even in cases where copyright vests initially in a person other than the author, such as in the case of works created in an employer-employee relationship, the moral rights in the work will vest in the author and will not belong to the copyright owner.

Israel recognizes two moral rights namely, the right of attribution and the right of integrity.

The right of attribution ensures the right of the author that his name will appear on his work to the extent and in a manner befitting the circumstances. Many courts have addressed this right, which is seen as an extension of the recognition in Pirkei Avot ("the Chapters of the Fathers") that he who speaks in the name of speaker brings redemption the world. In the leading "Dead Sea Scrolls" case, the Supreme Court held that reference to "a colleague" without mention of his name was completely insufficient and could not be considered a discharge of the duty to credit the author. Under the former Copyright Ordinance, attribution needed to be given in the "customary extent and manner." Under that standard, a court had held that it was not an infringement where a photographer's name was not mentioned in an advertisement incorporating one of his photographs, since it was not customary to grant credit to an author in that field. Another court ruled that there was no obligation to accord attribution to the author of a purely functional work. The new standard enables courts to disregard unworthy customs. Credit will generally be required when quoting from a work. Courts have also required attribution in publications connected to the work, such as posters and programs.

The right of integrity is defined as the right of the author to prevent mutilation or distortion of his work, or any other change in form or derogatory act in relation to it, but only if any of these acts are  prejudicial to his honor or reputation. The courts have held that the question of whether a particular act is prejudicial to an author's honor or reputation will be examined objectively, the question being whether the act detracts from, obscures, or impairs the creative elements or characteristics of the work.
Infringements of the right of integrity have been found in the making substantial changes in an architectural work, distortion of the lyrics of a song, negligent printing and publishing of a literary work, playing of a musical work out of tempo, destruction of a work, omitting substantial parts of a work in a purportedly complete reproduction, publishing a work in an out-of-context manner as part of an extreme political manifesto which was repugnant to the author and using a work, not intended for that purpose, in a commercial advertisement.

The right of integrity will not be considered infringed if the act complained of was reasonable under the circumstances. In assessing the reasonableness of an act, the court may consider, inter alia, the character of the work in respect of which the act was done, the nature of the act and its purpose, the fact (if applicable) that the work was made by an employee in the course of his employment or under a commission, the custom in the relevant field and the need for performing the act as weighed against the harm caused to the author as a result thereof. One court has held it reasonable for an artist to digitally manipulate an existing work of art in the course of creating another work based on that existing work, that eventually left no remnant of the former work. The court held that the new work was transformative and that artists through time, such as Manet and Duchamp had employed such techniques. In another case, the court held that the right of integrity of an architect in an architectural work was not infringed where the owner of the building added an additional floor, which employed a different style of architecture, created by a second architect. The court did, however, order the defendant to place a plaque on the building showing which parts of it were designed by the original architect, and which were added by the second architect. Another court held that the right of integrity of a typeface designer was not infringed where a graphic studio used letters from two different typefaces in writing text which was to appear on a television screen. The studio claimed that this had been done in order to ensure that the text would be readable on the screen and the court considered this reasonable in light of the functional purpose of the typeface.

Indirect infringement of the right of integrity is also actionable, if, with actual or constructive knowledge of the infringement, one deals in a copy of a work which infringes the right of integrity, either by sale or lease, including an offer for sale or lease, possession for commercial purposes, distribution on a commercial scale or exhibition in public in a commercial manner.

Moral rights exist for as long as the work is protected by copyright and expire when the copyright on the work expires. The moral rights of a deceased author may be enforced by his immediate family members.

Remedies for infringement of moral rights include statutory damages in the sum of up to ILS 100,000 per infringement, as well as an injunction.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions