Commons:Copyright rules by territory/Israel

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Copyright rules of Israel
Shortcut: COM:CRT/Israel
Flag of Israel
Map of Israel
Durations
Standard Life + 70 years
Anonymous Publish + 70 Years
Other
Terms run to year end Yes
Common licence tags {{PD-Israel}}
{{PD-IsraelGov}}
Treaties
Berne convention 24 March 1950
Univ. Copyright Convention 16 September 1955
WTO member 21 April 1995
URAA restoration date 1 January 1996

This page provides an overview of copyright rules of Israel relevant to uploading works into Wikimedia Commons. Note that any work originating in Israel must be in the public domain, or available under a free license, in both Israel and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Israel, refer to the relevant laws for clarification.

Background

Palestine was part of the Ottoman empire until World War I, when it was taken over by the British. In 1922 the British obtained a mandate over Palestine. The state of Israel was declared in 1948, taking over most of the former British mandate.

Israel has been a member of the Berne Convention since 24 March 1950 and the World Trade Organization since 21 April 1995.[1]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act, 2007 (as amended on July 28, 2011) as the main IP law enacted by the legislature of Israel.[1] WIPO holds the text of this law in their WIPO Lex database. It entered into force on 25 May 2008[2]

Ownership of copyright

According to Israel's copyright statute of 2007,

  • In general, the author of a work is the first owner of copyright.[2007-2011 Sec.33(1)]
  • With a sound recording, the producer is the first owner of copyright.[2007-2011 Sec.33(2)]
  • The employer is the first owner of copyright in a work made by an employee in the course of his service and during the period of his service, unless otherwise agreed.[2007-2011 Sec.34]
  • In a work made pursuant to a commission, the first owner of the copyright therein, wholly or partially, is the author, unless otherwise agreed as between the commissioning party and the author, expressly or impliedly.[2007-2011 Sec.35(a)]
  • In a work which is a portrait or a photograph of a family event or other private event, made pursuant to a commission, the first owner of the copyright is the commissioning party.[2007-2011 Sec.35(b)]
  • The state is the first owner of a work made by, or commissioned for, the State or by an employee of the State in consequence of his service and during the period of his service; In this section, "State employee" – includes soldiers, policemen and any other person who holds a position according to a statute in a State entity or institution.[2007-2011 Sec.36]

Durations

According to Israel's copyright statute of 2007,

  • Copyright in a work subsists during the life of its author and for 70 years after his death, subject to the provisions below.[2007-2011 Sec.38]
  • Copyright in a joint work subsists during the life of its longest surviving joint author and for 70 years after his death.[2007-2011 Sec.39]
  • Copyright in an anonymous or pseudonymous work lasts for 70 years from the date it was first published, or if not published within 70 years for 70 years from the date it was created, as long as the identity of the author does not become known in this period.[2007-2011 Sec.40]
  • Copyright in a sound recording subsists for 50 years from the date of its making.[2007-2011 Sec.41]
  • Copyright in a work in which the State is the first owner of the copyright lasts for 50 years from the date of its making.[2007-2011 Sec.42] Images distributed by the Israeli Government Press Office are copyrighted.[3].
  • The period of copyright in a work shall end on the 31st of December of the year in which such copyright is set to expire.[2007-2011 Sec.43]

In general, works made before the act came into effect that were not protected by copyright under the prior law would remain unprotected, except for works first published in Israel or made by a citizen or resident of Israel.[2007-2011 Sec.78(b)] For photographs made before the act came into effect the former law applies.[2007-2011 Sec.78(i)] That is, protection lasts until 1 January of the 51st year after the creation of the photograph.

Copyright tags

See also Commons:Copyright tags

  • {{PD-Israel}} – according to Israel's copyright law, works are released to the public domain 70 years after their author's death, starting from January 1st which occurs after the date of death. Photographs taken before May 2008 are released to the public domain 50 years after their creation, starting from January 1st which occurs after the day in which the photograph was taken. Photographs taken by a public authority (i.e. the government and its affiliated bodies) are released to public domain 50 years after their publication, starting from January 1st which occurs after the date of the first publication. According to the new Israeli copyright law, effective since May 2008, photographs are no longer an exception, and are released to the public domain 70 years after their photographer's death, unless taken by a public authority in which case the previous arrangement remains.
    • {{PD-IsraelGov}} – specific for the expiration of the State of Israel's copyrights (also included in the last section of {{PD-Israel}})
  • {{Money-IL}} – for Israeli banknotes and coins.
  • {{Insignia-Israel}} – for flag, emblems, coats of arms or some other official symbol which were declared a protected symbol in Israel.
  • {{FoP-Israel}} - "Broadcasting, or copying by way of photography, drawing, sketch or similar visual description, of an architectural work, a work of sculpture or work of applied art, are permitted where the aforesaid work is permanently situated in a public place."

Currency

Shortcut
COM:CUR Israel

See also: Commons:Currency

Symbol OK.svgOK Israeli currency is copyrighted. According to a statement from the Bank of Israel, Instructions concerning the use of photocopies and replicas of coins and banknotes", reproductions can be created and displayed within "catalog[s], book[s], research paper[s], etc", provided that they do not modify the colors or designs. Finally, the reproductions must credit the Bank of Israel. The complete Law of the Bank of Israel (unofficial English translation supplied by the Bank) does not specify these conditions, instead the above "Instructions" paper has detailed them. It is not known from which date the conditions are effective from.

Please use {{Money-IL}} for images of Israeli currency.

De minimis

Shortcut
COM:DM Israel

See also: Commons:De minimis

According to 2007 Copyright Act - ‏חוק זכות יוצרים, התשס״ח–2007 ‏, section 22 (שימוש אגבי ביצירה):

שימוש אגבי ביצירה בדרך של הכללתה ביצירת צילום, ביצירה קולנועית או בתקליט, וכן שימוש ביצירה שבה הוכללה היצירה כאמור, מותר; לעניין זה, הכללה במתכוון של יצירה מוסיקלית, לרבות המילים הנלוות אליה, או של תקליט שבו היא טבועה, ביצירה אחרת, לא תיחשב לשימוש אגבי.

An unofficial translation of the 2007 Copyright Act says:

22 Incidental Use of a Work

An incidental use of a work by way of including it in a photographic work, in a cinematographic work or in a sound recording, as well as the use of a such work in which the work was thus incidentally contained, is permitted; In this matter the deliberate inclusion of a musical work, including its accompanying lyrics, or of a sound recording embodying such musical work, in another work, shall not be deemed to be an incidental use.

Freedom of panorama

Shortcut
COM:FOP Israel

See also: Commons:Freedom of panorama

Symbol OK.svgOK {{FoP-Israel}}

Section 23 of the 2007 Copyright Act states that "Broadcasting, or copying by way of photography, drawing, sketch or similar visual description, of an architectural work, a work of sculpture or work of applied art, are permitted where the aforesaid work is permanently situated in a public place."

According to Dr Sarah Presenti, an Israeli copyright lawyer, the scope of the term "work of applied art" in Israel is broader than the equivalent term in Commonwealth jurisdictions (see the United Kingdom). Presenti suggests that "it includes art work (like adverts, advertising, maps etc.) which transfers useful information" and that "it does not matter if it is 2D or 3D as long as it is a work of art that is meant to deliver useful information. Therefore, an artistic work created for artistic purpose is by no means applied art (e.g. painting)."

Stamps

See also Commons:Stamps/Public domain

Copyrighted Paragraph 51 of Israeli Postal Services Statute 1986, in its 2004 revised version (חוק הדואר התשמ"ו, תיקון התשס"ד), stipulates that the State owns full copyrights for Israeli stamps. The Israeli copyright statute from 2007 determines that the State's copyrights expire on 1 January of the 51st year after the creation of the work. Hence, only stamps created 50 or more years ago are in the public domain. Template:PD-IsraelGov would be appropriate to indicate their copyright status.

Threshold of originality

Shortcut
COM:TOO Israel

See also: Commons:Threshold of originality

Although Israel historically used a "skill and labour" test similar to that used by the UK, since the 1989 Israeli Supreme Court's ruling in Interlego A/S v. Exin-Lines Bros. SA they have tended fairly close to a US-style requirement equating originality with human creativity (see [1] for a 2007 paper on this shift; or see [2], which notes that "In Israel, the Supreme Court in the Interlego A/S v. Exin-Lines Bros. SA decision adopted the Feist ruling with regards to both the interpretation of the originality requirement and the general rejection of the ‘sweat of the brow’ doctrine and the labour theory as a legitimate interest for establishing a copyright claim.").

See also

Citations

  1. a b Israel Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. Copyright Act, 2007 (as amended on July 28, 2011). Israel (2011). Retrieved on 2018-11-08.
  3. Terms of Use. Government Press Office. Retrieved on 2019-01-23.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely.