Commons:Нормы авторского права по территории/Израиль

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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.

Not protected

  • Copyright in a work as stated in section 4 [original works which are literary works, artistic works, dramatic works or musical works, sound recordings] shall not extend to any of the following, however it shall extend to their expression: (1) Ideas; (2) Procedures and methods of operation; (3) Mathematical concepts; (4) Facts or data; (5) News of the day.[2007-2011 Sec.5]
  • Notwithstanding the provisions of section 4, copyright shall not subsist in statutes, regulations, Knesset Protocols and judicial decisions of the courts or of any other government entities having judicial authority according to law.[2007-2011 Sec.6]
  • Notwithstanding the provisions of section 4, copyright shall not subsist in "designs" as defined in the Patents and Designs Ordinance unless the design is not used, nor intended for use in industrial manufacture.[2007-2011 Sec.7]

Шаблоны лицензий

Сокращение
COM:TAG Israel

Смотрите также: Commons:Шаблоны лицензий

  • {{PD-Israel}} – авторские права на фотографии, сделанные во время Британского мандата в Палестине или в Израиле до 25 мая 2008 г., ограничены сроком в 50 лет со дня «изготовления негатива оригинала» (ст. 21), то есть создании фотографии. Исключение: «для любой работы […], изготовленной или опубликованной […] любым правительственным учреждением, период действия авторских прав […] должен составлять 50 лет со дня даты первой публикации работы» (ст. 18).
    • {{PD-IsraelGov}} – specific for the expiration of the State of Israel's copyrights (also included in the last section of {{tl: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

Сокращение
COM:CUR Israel

Смотрите также: Commons:Валюта

Symbol OK.svgДа Israeli currency is copyrighted. According to a statement from the Bank of Israel, reproductions may appear in a catalog, book, research paper, etc. provided that they do not modify the colors or designs, although a black and white reproduction is allowed. They must be at least 30% larger or smaller than the original, and for commercial use must not include both sides of the note or coin. Finally, the reproductions must credit the Bank of Israel.[4] The complete Law of the Bank of Israel does not specify these conditions.[5] Instead the above "Instructions" paper has detailed them. The effective date of the conditions are not stated.

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

De minimis

Сокращение
COM:DM Israel

Смотрите также: Commons:Порог оригинальности

According to 2007 Copyright Act, section 22:

  • 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.[2007-2011 Sec.22]

Freedom of panorama

Сокращение
COM:FOP Israel

Смотрите также: Commons:Свобода панорамы

Symbol OK.svgДа {{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. 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

Смотрите также: Почтовые марки / Общественное достояние

Copyrighted Paragraph 51 of Israeli Postal Services Statute 1986, in its 2004 revised version 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

Сокращение
COM:TOO Israel

Смотрите также: Commons:Порог оригинальности

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.[6] 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.
  4. Instructions concerning the use of photocopies and replicas of coins and banknotes. Bank of Israel. Retrieved on 2019-03-22.
  5. The Bank of Israel Law. Back of Israel. Retrieved on 2019-03-22.
  6. Guy Pessach (6 Feb 2007). Israeli Copyright Law - a Positive Economic Perspective (International Law Forum of the Hebrew University of Jerusalem Law Faculty Research Paper). Retrieved on 2019-03-22.
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. Смотрите также: Commons:Отказ от ответственности