IP/N/1/ISR/C/11  
 
15 April 2013  
(13-1989)  Page: 1/20  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
ISRAEL 
The present document reproduces the text1 of the Copyright Act, 2007, as notified by Israel on 
21 November 2011 under Article 63.2 of the Agreement (see document IP/N/1/ISR/3). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
I
SRAËL 
Le présent document contient le texte1 de la Loi de 2007 sur le droit d'auteur, notifiée par Israël le 
21 novembre 2011 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/ISR/3). 
 
 
Consejo de los Aspectos de los Derechos de  
Propiedad Intelectual relacionados 
con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
ISRAEL 
En el presente documento se reproduce el texto1 de la Ley de Derecho de Autor, de 2007, 
notificada por Israel el 21 de noviembre de 2011 en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/ISR/3). 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/ISR/C/11 
 
- 2 - 
 
   
   
COPYRIGHT ACT, 2007 
 
  The Copyright Act of 2007 passed the Israeli Parliament (the Knesset) on 
Nov. 19, 2007 and entered into force on May 25, 2008. The enactment was 
published in "Reshumot" (official gazette), Law Statutes of Israel ("Sefer Hokim"), Issue 2199, at page 34 on Nov. 25, 2007. Amendments to date 
are as follows: Addition of sub-paragraph (4) to Section 64, published in 
Sefer Hokim, Volume 2307, at page 993 on July 28, 2011. 
   
  CHAPTER 1:  Interpretations 
   
Definitions  
1.   In  this Act -  
  "Copyright" - as defined in section 11; 
  "Moral right " – as defined in section 46; 
  "Recording",  with respect to sounds – means preservation of sounds on 
media from which such sounds may be played back or copied; 
  "Architectural work " – a building or other structure, as well as a model 
for such building or structure; 
  "Artistic work"  – including, drawings, paintings, works of sculpture, 
engravings, lithography, maps, charts , architectural works, photographic 
works and works of applied art; 
  "Dramatic works" - including plays, cinematographic works, musical-
dramatic works, choreography, and pantomime;     
  "Joint work  –  a work created jointly by several authors, wherein it is not 
possible to discern each author's contribution to the work;    
  "Literary work"  – including works expressed in writing, lectures, tables, 
compilations, and also computer programs. 
  "Sculptural work"  - including moulds or models for sculptures; 
  "Photographic work"  – including works produced by a process similar to 
photography, but excluding photographs that are part of a cinematographic 
work; 
  "Cinematographic work" – including a television work and any work 
which is substantially similar to a cinematographic work or a television work.   
  "Compilation" - means a compilation of works including an encyclopedia or 
an anthology as well as a compilation of data including a database; 
  "Producer"  – with respect to a cinematographic work or a sound recording 
– the person who is responsible for the arrangements necessary for the 
making of the cinematographic work or  the sound recording, respectively; 
  " Infringing copy " – means a copy of a work in which copyright subsists, 
excluding a building or other structure, being one of the following: 
(1)  A copy which was made in Israel without the consent of the copyright 
owner in a manner which constitutes infringement of the reproduction right 
as stated in section 11(1); 
(2)  A copy imported into Israel, which, had it been made in Israel its 
making would have constituted an infringement of the copyright as stated in 
section 11(1); however a copy which has been made outside of Israel, with 
the consent of the copyright owner in the country in which it was made, shall not be deemed an infringing copy; IP/N/1/ISR/C/11 
 
- 3 - 
 
    " Publication" of a work – means publishing a reasonable quantity of copies 
of the work to the public, taking into consideration the character of the work, with the consent of its author, but not including a public performance 
or broadcast of the work, or the public display of an "artistic work".    
  " Computer program " – computer program in any form of expression.  
  " Sound Recording " – means a recording of sounds, excluding a recording 
of sounds in a cinematographic work. 
  " The Minister " – the Minister of Justice. 
   
2. Place of first 
publication   In this Act, the following provisions shall apply as regards the place where a 
work was first published:  
 
(1)  A work published in several countries during a period of 30 days from the date it was first published – shall be deemed to have been published in 
all these countries simultaneously;     
 (2)  A work first published in Israel and in other countries simultaneously 
shall be deemed as though it was first published in Israel.  
 
   
  CHAPTER 2: Conditions for Subsistence of Copyright 
   
3. Exclusiveness 
of This Law  Copyright shall not subsist in a work other than in accordance with the 
provisions of this Act.  
   
4. Works in 
Which Copyright 
Subsists 
   (a)  Copyright shall subsist in the following works: 
 
 (1)  Original works which are literary works, artistic works, 
 dramatic works or musical works, fixed in any form;  
  (2)  Sound recordings; 
 
 provided that the aforesaid works fulfill one of the conditions set  forth in section 8 or that copyright subsists in said works pursuant 
 to Order in accordance with section 9. 
 
  (b)   With respect to sub-section (a), originality of a compilation means the 
originality in the selection and arrangement of the works or of the data embodied therein. 
 
   
5. Extent of 
Copyright in Works  Copyright in a work as stated in section 4 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.   
   IP/N/1/ISR/C/11 
 
- 4 - 
 
  6. Official 
Publications  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. 
   
7. Designs 
 
  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.; The Minister 
may prescribe conditions for determining when a design is deemed to be used for industrial manufacture. 
   
8. Points of 
Attachment to 
Israel    (a)  Copyright shall subsist in works set forth in Section 4(a)(1) if one of 
the following exists: 
  (1)  The work was first published in Israel;  
 
 (2)  At the time of the work's creation, its author was a citizen of 
 Israel, or his habitual residence was in Israel, regardless of 
 whether the work was published or not. 
 (b)  Without derogation from the prov isions of subsection (a), copyright 
shall subsist –  
 
 (1)  In cinematographic works –  provided that at the time of its 
 making the headquarters of its producer, or his habitual 
 residence, was in Israel; 
  (2) In architectural works and other artistic works incorporated in 
  a building or other structure – provided the architectural work, 
  the building or structure, respectively, are located in Israel.  
  (c)  Copyright shall subsist in a sound recording if at the time of its 
making the producer of the sound recording was a citizen of Israel, or his habitual residence was in Israel, and where the producer was a corporation 
its headquarters were in Israel; However, the right of reproduction, the right 
of making available to the public and the right of rental, as stated in sections 11(1), (5) and (7), shall also subsist in sound recordings where the 
sound recording was first published in Israel.   
   
9. Copyright 
pursuant to International 
Treaty 
  Where Israel makes a treaty with another country regarding copyright, or 
where Israel accedes to a copyright treaty, the Minister may prescribe, by Order, that works, as set forth in Section 4(a), entitled to protection in 
Israel pursuant to said treaty, shall be protected pursuant to the provisions 
of the Order; The protection for the aforesaid works shall not  exceed the 
protection which would have been granted them if the conditions in section 
8 were met, unless agreed otherwise in the aforesaid treaty, but not in 
excess of said treaty.  
   
10. Preservation 
of Reciprocity  Where the Minister has determined that a particular country does not grant 
proper protection to works whose authors are citizens of Israel, the Minister 
may, subject to the consent of the Government, limit by Order the rights prescribed by this law, wholly or in part, with respect to works whose authors are citizens of such a country; Where the Minister has made such 
an Order, the Order shall be enforceable with respect to works made 
subsequent to its coming into force. 
   IP/N/1/ISR/C/11 
 
- 5 - 
 
    CHAPTER 3: Subsistence of Copyright 
   
11. What means 
Copyright    
  Copyright in a work means the exclusive right to do with the work, or a 
substantial part thereof, one or more of the foregoing acts, in accordance 
with the kind of the work:  
  (1)  Reproduction as stated in section 12 – with respect to all 
 categories of works; 
  (2)  Publication – in respect of a work not yet published;  
 (3)  Public performance as stated in section 13 – in respect of a 
 literary work, dramatic work, musical work and sound  recording;  
 
 (4)  Broadcasting as stated in section 14 – in respect of all  kinds  of 
 works;  
 
 (5)  Making a work available to the public as stated in section 15 –   in respect of all kinds of works;  
   (6)  Making of a derivative work as stated in  section 16 and the 
 doing of any acts set forth in sections (1) to (5) above in 
 respect of the aforesaid derivative work – with respect to a 
 literary work, artistic work, dramatic work and musical work; 
 
 (7)  Rental as stated in section 17 – in respect of a sound 
 recording, cinematographic work and computer program. 
 
   
12. Reproduction  
 
  The reproduction of a work means the making of a copy of the work,  in any 
material form, including – 
  (1)  Storage of a work through electronic means or any other 
 technological means; 
  (2)  Making a three dimensional copy of a two dimensional  work; 
 
 (3)  Making a two dimensional copy of a three dimensional  work;   (4)  Making a temporary copy of a work.  
   
13. Public 
Performance   The public performance of a work means the aural playing or staging of it 
publicly, either directly or through use of a device.
   
14. Broadcast   Broadcast of a work means the transmission thereof, by wire or wireless 
means, of sounds, images or a combination of sounds and images, which 
contained in a work, to the public.   
   
15. Making 
Available to the 
Public   Making a work available to the public means the doing of an act in relation 
to a work that shall enable members of the public to access the work from a 
place and at time chosen by them. 
   
16. Derivative 
Works   Making a derivative work means the ma king of an original work which is 
substantially based upon another work, such as a translation or adaptation.   
   
17. Rental 
   (a)  Rental of a work means the rental of physical copies of the work to 
the public, for a commercial purpose, but does not include the rental of a computer program or sound recording which constitutes an integral part of 
another object where such other object is the primary object of the rental. 
 IP/N/1/ISR/C/11 
 
- 6 - 
 
   
(b)  For purposes of sub-section (a), renting by a public library or a library of an educational institution shall not be deemed to be renting for 
commercial purposes; The Minister may prescribe types of public libraries 
and types of educational institutions to which the provisions of this sub-section shall apply. 
   
  CHAPTER 4: Permitted Uses 
   
18. Permitted 
Uses  Notwithstanding the provisions of section 11, the doing of the actions 
specified in sections 19 to 30 is permitted subject to the conditions specified respectively in the aforesaid sections and for the purpose of carrying out the 
objectives specified therein, without the consent of the right holder or 
payment, however with respect to the activities specified in section 32 – upon payment and in accordance with the provisions of that section.  
   
19. Fair Use 
  (a)  Fair use of a work is permitted for purposes such as: private study, 
research, criticism, review, journalistic reporting, quotation, or instruction and examination by an educational institution.  
 
(b)  In determining whether a use made of a work is fair within the meaning of this section the factors to be considered shall include, inter alia, all of the following: 
 
 (1)  The purpose and character of the use;   
 (2)  The character of the work used;  
  (3)  The scope of the use, quantitatively and qualitatively, in 
 relation to the work as a whole; 
  (4)  The impact of the use on the value of the work and its 
 potential market. 
 
(c)  The Minister may make regulations prescribing conditions under which a use shall be deemed a fair use. 
   
20. Use of works 
in juridical or administrative procedures   Use of a work in juridical or administrative procedures according to law, 
including reporting on such proceedings, is permitted to the extent that is 
justified taking into consideration the purpose of the aforesaid use.  
   
21. Reproduction 
of a work deposited for 
public inspection  
  (a)  The copying of a work that is accessible to the public by law is 
permitted if consistent with the purpose for which the work was made accessible, and to a justifiable extent taking into consideration the purpose 
of the said use.  
 (b)  The provisions in sub-section (a) shall not apply with respect to works 
deposited in accordance with The Books Act (Obligation to Deposit and Cite 
Details), 2000.  
   
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.  
   IP/N/1/ISR/C/11 
 
- 7 - 
 
  23. Broadcast or 
copying of work in public place  
  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. 
   
24. Computer 
Programs 
 
   (a)  Copying of a computer program for purposes of back up is permitted 
for a person who possesses an authorized copy of the computer program; A 
person holding such a copy shall destroy it once it is no longer needed to 
serve the purpose for which it was made.  (b)  Copying of a computer program for purposes of maintenance of an 
authorized copy of the program or of a computer system, or for purposes of 
providing service to a person in posse ssion of an authorized copy of the 
computer program, is permitted, provided that it is necessary for using the 
program.  
 (c)  Copying of a computer program, or making a derivative work there 
from is permitted for a person who possesses an authorized copy of the 
computer program, for the following purposes and to the extent necessary to achieve said purposes:  
   
 (1) Use of the computer program for purposes for which it was 
 intended, including correction of errors in the computer 
 program or making it interoperable with a computer system or  with another computer program;  
 
 (2)  Examination of the data security in the program,  correction of   security breaches and protection from such breaches; 
 
 (3)  obtaining information which is needed to adapt a different and 
 independently developed computer system or program, in such  a way that it will be interoperable with the computer program. 
 
(d)  The provisions of sub-section (c) shall not apply with respect to the copying of a computer program or the making of a derivative work there 
from, as stated in said sub-section, if the  information which has been 
obtained through the aforementioned means was used in a manner set forth below, or where such information was readily discernable without use of the 
aforesaid means: 
  (1) The said information is transmitted to another person for a 
 purpose different than the purpos es set forth in sub-section (c); 
 
 (2)  The said information is used to make a different computer 
 program which infringes copyright in the said computer 
 program. 
 (e)  In this section, "authorized copy" of a computer program means a 
copy of the computer program which was made by the copyright holder 
therein or with his consent. 
   
25. Recording for 
Purposes of 
Broadcast   (a)  Recording of a work by a person permitted to broadcast it is permitted 
if the copy is made solely for use in his broadcasts.   
 
(b)  A person who had recorded a work in accordance with the provisions of sub-section (a) shall destroy the recording within a period of six months 
from the date of the first broadcast of the work, or until a later period if so 
prescribed by law, or until a later period  if so agreed upon with the owner of 
the copyright of the recorded work.  IP/N/1/ISR/C/11 
 
- 8 - 
 
    (c)  Notwithstanding the provisions of sub-section (b), preservation of a 
recording is permitted –  
 (1)  for archival purposes; 
  (2)  with regard to a person permitted to broadcast the work - 
 for as long as such person is permitted to make such  broadcasts. 
   
26. Temporary 
Copies  
  The transient copying, including incident al copying, of a work, is permitted if 
such is an integral part of a technological process whose only purpose is to enable transmission of a work as between two parties, through a 
communications network, by an intermediary entity, or to enable any other 
lawful use of the work, provided the said copy does not have significant economic value in itself.   
   
27. Additional 
artistic work made by the 
author     
  Making a new artistic work which comprises a partial copying of an earlier 
work, or a derivative work from an earlier work, as well as any use of the said new work, are permitted to the author of the said earlier artistic work 
even where said author is not the ow ner of the copyright in the earlier 
artistic work, provided the new work does not repeat the essence of the earlier work or constitute an imitation thereof. 
   
28. Renovation 
and 
Reconstruction of Buildings  Use of the following works is permitted for the purpose of renovation or 
reconstruction of a building or other structure:   
  (1)  The architectural work which is the aforesaid building or 
 structure, or a model thereof.    
  (2)  The drawings and the plans that were used with the consent of 
 the owner of the copyright therein, at the time the said building 
 or structure was originally constructed. 
   
29. Public 
Performance in 
an Educational 
Institution  The public performance of a work is permitted in the course of the 
educational activity of educational institutions, of the type prescribed by the 
Minister, where such performance is  made by the employees of the 
educational institution, or by the students studying therein, provided that said public performance is made for an audience limited to employees or 
students of the educational institution, the relatives of the students or other 
people directly connected with the activity of said institution, and to them alone; However the screening of a cinematographic work is permitted according to this section if done solely for purposes of teaching and 
examination by an educational institution.    
   
30. Permitted 
Uses in Libraries 
and Archives  (a)  Copying of a work, a copy of which is already in the permanent 
collection of a library or archive of the type of libraries or archives as 
prescribed by the Minister, is permitted for the following purposes, provided 
that it is not possible to purchase an additional copy of said work within a reasonable period of time and on reasonable terms:     
 
 (1)  To make a reserve copy, in any format, of a work already in the 
 possession of the aforesaid library or archive, provided that the  s a i d  r e s e r v e  c o p y  i s  n o t  u s e d  a s  a n  a d d i t i o n a l  c o p y  t o  t h e  
 copies in the library; 
  (2)  To replace a copy of the work held by the aforesaid library 
 or the archive, which has been lost, destroyed or become 
 unusable;  
 
 (3)  To replace a copy of the wo rk, that had been in the permanent 
 collection of another library or archive and was lost, destroyed  or has become unusable.  
 IP/N/1/ISR/C/11 
 
- 9 - 
 
    (b)  Copying of a work, a copy of which is held in a library or archive as 
prescribed in sub-section (a), for a person requesting such copy, is permitted, provided that the request for such reproduction is made by a 
person, who, if he had made the copy himself, would be permitted by law to 
do so; The Minister may prescribe an application form for use by libraries or archives for purposes of this sub-section.  
 
(c) Copying of a work by entities of the type pre scribed by the Minister, 
for purposes of preservation, is permitted; The Minister may prescribe types 
of works which will be subject to this sub-section, conditions for the 
execution of copying as well as conditions for the grant of public access to copies that were made in accordance with this sub-section. 
   
31. Regulations 
regarding 
Educational Institutions, 
Libraries and 
Archives  The Minister may prescribe different conditions for the applicability of 
sections 29 and 30, generally or with respect to particular types of 
educational institutions, libraries or archives, taking into consideration the character of their respective activities. 
   
32. Manufacture 
of sound 
recordings as 
against royalty payment  (a)  Despite the provisions of section 11, reproduction of a musical work in 
a sound recording is permitted, provided the following conditions are met, 
even without the consent of the copyright owner:    
  (1)  The musical work had been previously recorded, with the 
 consent of the copyright owner, in a sound recording that was 
 published for commercial purposes (in this section - the Former  Sound Recording); 
 
 (2)  The musical work was reproduced in its entirety, except for 
 modifications necessary for adaptation of the reproduction and  modifications necessary for the making of the reproduction, or 
 where such modifications were made in the Former Sound 
 Recording;  
 
 (3)  The person who makes the copy has so informed the 
 copyright owner prior to the making of the copy; 
 
 (4)  The person making the copy has paid equitable royalties 
 as agreed with the owner of the copyright; and in absence of  agreement – as decided by the Court; 
 
 (5)  The copies are neither used, nor intended for use in 
 commercial advertising; 
 
(b)  The Minister may prescribe regulations as regards the following 
matters:   
 (1)  Methods for informing the copyright owner as stated in  sub-
 section (a)(3);  
  (2)  Considerations and parameters for the determining of 
 equitable royalties by the Court as stated in subsection (a)(4).  
 (c)  In this section, "musical work" – including the accompanying words, if 
any, in the Former Sound Recording. 
   IP/N/1/ISR/C/11 
 
- 10 - 
 
    CHAPTER 5: Ownership of Copyright 
   
33. The first 
owner of 
Copyright  Subject to the provisions of this chapter-  
 
 (1) The author of a work is the first owner of copyright in the 
 work; 
 
 (2) The producer of a sound recording is the first owner of 
 copyright in a sound recording. 
   
34. Works 
Created by 
Employees     The employer is the first owner of copy right in a work made by an employee 
in the course of his service and during the period of his service, unless 
otherwise agreed. 
   
35. 
Commissioned 
Works    (a)  In a work made pursuant to a commission, the first owner of the 
copyright therein, wholly or partially, shall be the author, unless otherwise 
agreed as between the commissioning party and the author, expressly or 
impliedly.  
(b)  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 therein shall be the commissioning party. 
   
36. State 
Ownership of 
Works   The state shall be the first owner of a work made by, or commissioned for, 
the State or by an employee of the St ate 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.  
   
37. Assignment 
and Licence of Copyright 
 
  (a)  Copyright may be assigned by contract or by operation of law and the 
owner of a copyright may grant an exclusive license or non-exclusive license with respect to the copyright.  
 
(b)  Assignment of the copyright or the grant of a license, as stated in sub-section (a), may refer to the copyright in whole or in part, and it can be 
limited to a certain territory, period of time, or to specific acts with respect 
to the work.  
(c)  A contract for the assignment of copyright or the grant of an exclusive 
license therein shall require a written document.   
 
(d)  In this section, "exclusive license" – means a license granting its holder the exclusive right to do any acts as set forth in Section 11 specified 
by the license, and restricts the owne r of the copyright from doing those 
acts or from permitting others to perform those acts. 
   
  CHAPTER 6: Duration of Copyright 
   
38.  Duration of 
Copyright  Copyright in a work shall subsist during the life of its author and for 
70 years after his death, subject to the provisions in this chapter. 
   
39. Duration of 
Copyright in a 
Joint Work   Copyright in a joint work shall subsist for the duration of the life of its 
longest surviving joint author and for 70 years after his death. 
   IP/N/1/ISR/C/11 
 
- 11 - 
 
  40. Duration of 
Copyright in Work Published 
Anonymously  If no name of a person appears on a work as the author of such work, nor is 
the author of such work commonly known to the public, or appears on such work a pseudonym of a person not commonly known to the public, then 
copyright in such a work shall subsist for a period of 70 years from the date 
such work was first published; If such a work was not published until the end of  70 years from the date of its creation, the copyright therein shall 
subsist  for a period  of 70 years from the date of its creation; however 
where the author's identity becomes pu blicly known during the period of 
copyright, then the provisions of sections 38 or 39, respectively, shall apply. 
   
41. Duration of 
Copyright in  
Sound Recordings  Copyright in a sound recording shall subsist for a period of 50 years from 
the date of its making. 
   
42. Duration of 
Copyright in State Works  Copyright in a work in which the State is the first owner of the copyright in 
accordance with the provisions of Chapter 5 shall last for a period of 50 years from the date of its making. 
   
43. Expiration 
Period   The period of copyright in a work shall end on the 31
st of December of the 
year in which such copyright is set to expire in accordance with the provisions of this chapter.  
   
44. Duration of 
Copyright in 
Country of Origin  
  (a)  The period of copyright in a work listed below shall not be longer than 
the period of copyright prescribed for su ch work in the law of its country of 
origin:  
 (1)  A work which was first published in Israel and in other countries 
 simultaneously, as set forth in section 2, in which copyright  subsists solely due to the existence of the condition set forth in  section 8(1)(a); 
 
 (2)  A work in which copyright subsists pursuant to an Order in 
 accordance with section 9, unless otherwise prescribed in the 
 Order.  
 (b)  In this section –  
 
"The country of origin" of a work –    (1)  For a work first published in a single Member State – the 
 Member State;  
  (2)  For a work first published simultaneously in a number of 
 Member States wherein the periods of copyright are different – 
 the State where the period of copyright is the shortest;  
 
 (3)  For a work first published simultaneously in a Member  State 
 and a non Member State – the Member State:   
 
   (4)  For an unpublished work, or first published in a non Member 
 State, without simultaneous publication in a Member State –  the Member State where the author is a national or makes his 
 habitual residence; however –  
  (a)  When the aforesaid work is a cinematographic work, the 
 country of origin shall be the Member State in which 
 located its producer's headquarters or his habitual  residence. 
 IP/N/1/ISR/C/11 
 
- 12 - 
 
     (b)  When the aforesaid work is an architectural work situated 
 in a Member State or a separate artistic work  incorporated in a building or other structure situated in a 
 Member State, the country of origin shall be the country 
 where the architectural creation, the building or the  structure are situated, as the case  may be; 
 
"Work" – a work as stated in section 4(a)(1);  
"Member State" – a State being a party to a treaty regarding which an 
Order has been prescribed pursuant to the provisions of section 9. 
   
  CHAPTER 7: Moral Right 
   
45. Moral Right 
as Personal 
Right  
  (a)  The author of an artistic work, a dramatic work, a musical work or a 
literary work, excepting computer programs, in which copyright subsists, 
shall have moral rights in relation to his work, during the entire period of copyright in that work.  
 
(b)  The moral right is personal and not transferable, and shall be available to the author even if said author does not have copyright in the work or if he has assigned the copyright in the work, partly or wholly, to 
another person. 
   
46. Moral Right 
Defined 
 
  A moral right in relation to a work is the right of its author –    
 
 (1)  To have his name identified with his work to the extent and in 
  the manner suitable in the circumstances;  
 (2)  That no distortion shall be made of his work, nor mutilation or 
 other modification, or any other derogatory act in relation to  the work, where any aforesaid act would be prejudicial to his  honor or reputation. 
   
  CHAPTER 8 – Infringement and Remedies 
   
47. Infringement 
of Copyright  A person who does in relation to a work, any of the acts specified in 
section 11, or who authorizes another person to perform any such act, 
without the consent of the copyright ow ner, infringes the copyright, unless 
such act is permitted pursuant to the provisions of Chapter 4. 
   
48. Indirect 
Infringement   A person who does one of the foregoing acts with respect to an infringing 
copy of a work, infringes the copyright, if at the time such act was done he 
knows, or he should have known, that  said copy is an infringing copy: 
  (1)  Sells or lets for rental said infringing copy, including offering 
 or displaying for sale or rental. 
  (2)  Possesses said infringing copy for a commercial purpose;  
 
 (3)  Distributes said infringing copy on a commercial scale;    (4)  Exhibits said infringing copy to the public in a commercial 
 manner;  
  (5)  Imports into Israel said infringing copy that is not for 
 personal use as provided for in section 129 of the Customs 
 Ordinance. 
   IP/N/1/ISR/C/11 
 
- 13 - 
 
  49. Public 
Performance in a Place of Public 
Entertainment  A person who permits another person, fo r financial gain, to publicly perform 
a work in a place of public entertainm ent, without the consent of the owner 
of the copyright therein, infringes the copyright, unless he did not know, nor 
should have known, that said performance would constitute an 
infringement; In this section, "place of public entertainment" means a place used for entertainment and cultural performances, including catering halls, 
outdoor function areas, restaurants, coffee shops or clubs. 
   
50. Infringement 
of Moral Right  (a)  A person who does in relation to a work, an act which is restricted by 
the moral right, infringes the said moral right.  
(b)  Despite the provisions in sub-section (a), doing an act restricted by 
section 46(2) shall not constitute an infringement of the said moral right where the act was reasonable in the circumstances of the case.  
 
(c) In respect of sub-section (b), the court may take into consideration, inter alia, the following: 
 
 (1)  The character of the work in respect of which the act was 
 done; 
 
 (2)  The nature of the act and its purpose;  
  (3)  That the work had been made by an employee in the  course 
 of his employment or pursuant to commission; 
  (4)  Customary behavior in a particular sector; 
 
 (5)  The need for doing the act versus the damage caused to the 
 author by the act. 
   
51. Indirect 
Infringement of 
Moral Right  A person who does one of the foregoing acts with respect to a copy of a 
work, excepting a building or other structure, and such act constitutes an 
infringement of the moral right set forth in section 46(2), infringes the m o r a l  r i g h t ,  i f  a t  t h e  t i m e  o f  d o i n g  s u c h  a c t  h e  k n o w s ,  o r  s h o u l d  h a v e  
known, that such copy infringes the aforesaid moral right: 
  (1)  Sells or lets for rental said copy, including offering or 
 displaying for sale or rental. 
  (2)  Possesses said copy for a commercial purpose;   
 (3)  Distributes said copy on a commercial scale;  
  (4)  Exhibits said copy to the public in a commercial manner. 
   
52. Infringement 
of copyright or moral right is a 
civil wrong  Infringement of copyright or moral right is a civil wrong and the provisions 
of the Ordinance on Torts (New Version), shall apply mutatis mutandis subject to the provisions of this Act. 
   
53. Injunction 
for copyright infringement   In an action for copyright infringement the claimant shall be entitled to 
injunctive relief, unless the court finds that there are reasons which justify not doing so. 
   
54. Action for 
Copyright Infringement  (a)  A claim for the infringement of copyright may be commenced by the 
owner of the copyright, and if an ex clusive license has been granted in 
respect of it as defined in section 37(d) – such claim may also be 
commenced by the exclusive licensee . 
 IP/N/1/ISR/C/11 
 
- 14 - 
 
    (b)  A claimant filing a claim as stated in sub-section (a), shall join as a 
party any person entitled to commence a claim according to the provisions of that sub-section, however the court may, at the claimant's request, 
exempt from the aforesaid duty to join a party. 
   
55. Action for 
Moral Right 
Infringement    A claim for violation of the moral right may be commenced by the author, 
and if the infringement occurred after his death – then by his relatives; In 
this matter, "relatives" – means a spouse, descendant, parent or sibling. 
   
56. Damages 
without Proof of Injury   (a)  Where a copyright or moral right has been infringed, the court may, 
at the claimant's request, award to the claimant, in respect of each infringement, damages without proof of injury, in an amount not exceeding 
NIS 100,000. 
 (b)  In awarding damages pursuant to the provisions of sub-section (a), 
the court may consider, inter alia, the following considerations: 
  (1)  The scope of the infringement;  
 
 (2)  The duration during which the infringement took place;   (3)  The severity of the infringement;  
 
 (4)  The actual injury caused to the claimant according to the 
 assessment of the court;     
 
 (5)  The benefit derived by the defendant from the infringement, 
 according the assessment of the court; 
 
 (6)  The character of the defendant's activity;    (7)  The nature of the relationship between the defendant and 
 the claimant.  
  (8) Good faith of the defendant. 
 
(c)  For purposes of this section infringements carried out as part of a set of activities shall be deemed as a single infringement. 
 
(d)  The Minister may, by Order, change the amount prescribed in sub-section (a). 
   
57. Accounting  In a claim for the infringement of copyright or moral right, the court may 
order the defendant to give the claimant a detailed report of the 
infringement; The Minister may prescribe provisions for the making of reports pursuant to this section.
   
58. Innocent 
Infringer  Where a copyright or a moral right has been infringed, but the infringer did 
not know, or could not have known, at the time of the infringement, that copyright subsists in the work, he shall not be obligated to pay compensation in respect of the said infringement. 
   
59. Infringement 
of Copyright in a Building or other 
structure  Where the construction of a building or other structure has begun, and there 
is an infringement of copyright or moral right in that building or other structure, or there will be an infringement of copyright or moral right upon 
the completion of said building or other structure, the complainant shall not, 
as a result of said infringement, be entitled to an Order enjoining completion of the construction or to an Order of demolition. 
   IP/N/1/ISR/C/11 
 
- 15 - 
 
  60. Disposition 
of Infringing Copies  (a)  Upon the completion of a proceeding in an action for infringement of 
copyright, the court may make an order for -   
 (1)  The destruction of the infringing copies, or any other act 
 thereon; 
 
 (2)  The transfer of the ownershi p of the infringing copies to the 
 claimant, if he has so requested, and the court may, if it finds  that the claimant is likely to make use of those infringing 
 copies, order the complainant to make payment to the 
 defendant in the manner which it shall prescribe.  
 (b)  A party filing an application with the Court pursuant to sub-section (a) 
shall advise the Israel Police of such, in the manner to be prescribed by the 
Minister, and the court shall not hear the application without first providing the Israel Police with an opportunity to state its claims.   
 
  (c) The provisions of sub-section (a) shall apply with respect to infringing 
copies in the possession of a person who did not himself infringe the 
copyright therein, subject to the provisions of section 34 of the Sales Act, 1968, however where such provisions will be applicable, the possessor of the said infringing copies shall not be entitled to trade in said infringing 
copies. 
   
  CHAPTER 9: Criminal Offenses  
   
61. Offenses   (a) A person shall not make an infringing copy for purposes of trading 
therein 
 (b) A person shall not import into Israel an infringing copy of a work for purposes of trading therein.   
 
(c) A person shall not engage in the selling, letting for hire or distributing of an infringing copy of a work. 
 
(d) A person shall not sell, let for hire or distribute infringing copies of a work on a commercial scale.  
 
(e) A person shall not possess infringing copies of a work for purposes of trading therein.    
(f) A person shall not make or possess an object designed for the making 
of copies in contravention of sub-section (a). 
   
62. Penalties  (a)  A person who does one of the following, shall be liable to up to five 
years imprisonment or fine in the amount of ten times the fine provided for 
in section 61(a)(4) of the Penal Act, 5737-1977 (hereinafter referred to as "the Penal Act"): 
 
 (1)  Makes an infringing copy for the purpose of trading therein;   (2)  Imports to Israel an infringing copy of a work for the purpose of 
  trading therein. 
 (b) A person who does one of the following, shall be liable to up to three 
years imprisonment or fine in the amount of seven times the fine provided 
for in section 61(a)(4) of the Penal Act:      
 (1)  Engages in the sale, letting for hire or distribution of an 
 infringing copy of a work; 
 IP/N/1/ISR/C/11 
 
- 16 - 
 
     (2)  Sells, lets for hire or distri butes infringing copies of a work on  
 a commercial scale; 
 
 (3)  Possesses an infringing copy of a work for the purposes of 
 trading therein. 
 
(c)  A person producing or in possession of an object designated for the 
production of copies of a work for the purpose of committing an offence under sub-section (a)(1) shall be liable to imprisonment for a term of one 
year or twice the fine stated in section 61(a)(4) of the Penal Act. 
 (d)  Where an offense under this section has been committed by a corporate entity, - such corporate entity  shall be liable to double the fine 
provided for that offence. 
   
63. 
Responsibility of 
Senior Officer  (a) A senior officer of a corporate entity is obliged to supervise and take 
any action necessary to prevent any of the offences specified in section 61 
(hereinafter - "an offence") by a corporate body or any of its employees; 
Where such senior officer is in breach of his or her aforesaid obligation he shall be liable to the fine stated in section 61(a)(4) of the Penal Act.  
(b) Where an offence has been committed by a corporate entity or any of 
its employees, there is a presumption that the senior officer was in breach of his obligation under sub-section (a), unless it is proved that he took any 
action necessary to perform his aforesaid obligation. 
 (c) For the purposes of this section, "senior officer" means an active 
director of a corporate entity, a partner - excluding a limited partner - and 
an officer responsible on behalf of the corporate entity for the field in question in which the offence was committed. 
   
  CHAPTER 10: Miscellaneous  
   
64. 
Presumptions   The presumptions set forth hereunder shall apply to any legal proceeding, 
civil or criminal, involving an infringement of copyright or moral right, unless proved otherwise: 
 
 (1) The person or entity whose name appears on the work in the 
 usual manner as the author of the work shall be deemed the 
 author of the work and the owner of the copyright therein; the 
 said presumption shall also a pply in respect of the pseudonym 
 of a person or entity, provided that the identity of the owner of  the pseudonym is publicly known; 
 
 (2) Where the name of a person or entity does not appear on the 
 work as its author and the identity of the author is not 
 otherwise publicly known, or the pseudonym of a person or 
 entity whose identity is not publicly known appears thereon, the  publisher of the work shall be deemed the owner of the 
 copyright therein, provided that name of the publisher appears 
 on the work in the usual manner as the publisher of the work. 
  (3)  Where the name of a person or entity appears on a 
 cinematographic work in the usual manner as the producer of 
 the work, such person or entity shall be deemed the producer  of the work. 
 IP/N/1/ISR/C/11 
 
- 17 - 
 
  Amendment 
adding (4). July 28, 2011.    (4)  Where the name of a person or entity appears on a sound 
 recording in the usual manner as the producer of the sound  recording, such person or entity shall be deemed the producer 
 of the sound recording; the said presumption shall also apply in 
 respect of the pseudonym of any person or entity, provided that  the identity of the owner of th e pseudonym is publicly known, 
 however, the presumption shall not apply as between entities 
 that both claim copyright in a given sound recording. 
 
65. Detention by 
Customs  (a)  The owner of copyright in a work, whose rights have been infringed or 
where there is a reasonable suspicion that such rights will be infringed, may give notice in writing to the Director of Customs to the effect that he is the 
owner of copyright in the work, and request the Director to suspend the 
release of the goods that he claims are infringing copies of the work and to treat them as goods the import of which is prohibited under the Customs 
Ordinance. 
 (b)  A notice pursuant to sub-section (a) shall include one of the following: 
 
 (1)  An example of a non-infringing copy of the work in which the 
 applicant holds copyright, and in respect of which the said  copyright holder makes notice of the importation of infringing 
 copies; 
  (2)  A catalog or any other document that enables the Customs 
 Director to compare the work with the allegedly infringing 
 copies. 
 
(c)  The owner of the copyright shall provide the Customs Director with 
the following information, to the extent that he has knowledge of it:   (1) The number of parcels to be received; 
 
 (2) Sufficient notation of means of importation or the name of the   ship bringing the infringing copies; 
 
 (3) The date on which the infringing copies are meant to arrive in   Israel.   
 
(d)  The copyright owner must provide the Customs Director with primary evidence, and a personal guarantee, as  prescribed by the Customs Director, 
in order to cover all expenses connected with detaining goods, or in order to 
compensate for any damage caused as a result of the detaining of goods, 
should it become apparent that the detention of the goods was not justified, and to pay any fee prescribed in this connection as required under the 
Customs Ordinance. 
 (e)  The provisions of this section shall not apply to infringing copies 
imported for personal use as defined in section 129 of the Customs 
Ordinance.  (f)  In this section, "Director of Customs" means the director as so 
defined in the Customs Ordinance. 
   
66. Enforceable 
as against the 
State   This Act shall be applicable to the State. 
   IP/N/1/ISR/C/11 
 
- 18 - 
 
  67. 
Implementation and Regulations   (a)  The Minister is responsible for the carrying out of the provisions of 
this law and he may prescribe regulations for its implementation.   
(b)  Making of regulations in accordance with sections 17, 29, 30(a) 
and (b), and 31 will require approval as follows:  
 (1)  regarding educational institutions -  the Minister of Education; 
  (2)  regarding libraries – the minister responsible for carrying out  
  the Public Libraries Act, 1975 and the Minister of Education; 
  (3)  regarding archives – the minister responsible for carrying out    the Archives Act, 1955. 
 
(c) Regulations and Orders in accordance with sections 7, 9, 17, 19, 30(c), 31 and 56(d) shall require the approval of the Knesset Economics 
Committee.  
   
  CHAPTER 11: Ancillary Amendments 
   
68. Cancellation 
of His Majesty's 
Order on the 
Copyright Law 1911 
(Implementation 
in the Land of Israel)    His Majesty's Order on the Copyright act 1911 (extension to Palestine), 
1924 – is repealed, and the Copyright Act, 1911, will no longer be valid in 
Israel. 
   
69. Amendment 
of Copyright Ordinance   Sections 1 to 3a and 3f to 15 of the Copyright Ordinance – are repealed.   
   
70. Amendment 
of Patent and 
Designs Ordinance   In the Patent and Designs Ordinance –  
 
 (1) In section 2, the term "copyright" shall be replaced by the term   "design right"; 
 
 (2) In section 31, the term "copyright" shall be replaced by the    term "design right";  
 (3) In section 33 - 
  (a)  In subsection (1), the term "copyright" shall be 
 replaced by the term "design right"; 
  (b)  In subsection (2) to (4), the term "copyright" shall be 
 replaced by the term "design right"; 
  (4) In section 35 -  
 (a)  In subsection (1), the term "copyright" shall be 
 replaced by the term "design right"; 
 
 (b)  In subsection (2), the term "copyright" shall be 
 replaced by the term "design right"; 
 
 (5) In section 37(1), the term "copyright" shall be replaced by the 
  term "design right";  IP/N/1/ISR/C/11 
 
- 19 - 
 
     (6) In section 43 - 
  (a)  In subsection (1), the term "copyright" shall be 
 replaced by the term "design right"; 
  (b)  In subsection (3), the term "copyright" shall be 
 replaced by the term "design right"; 
  (7) In section 51(1), the term "copyright" shall be replaced by the 
  term "design right"; 
  (8) In section 55(4), the term "copyright" shall be replaced by the   term "design right"; 
   
71. Amendment 
of Customs Ordinance  Section 200a(a) of Customs Ordinance –   
  (1)  At the beginning, instead of "section 7d of the Copyright 
 Ordinance" it shall read "in section 65 of the Copyright ACT-
 2007 (hereinafter - the "Copyright Act");  
  (2)  In section (1) instead of "the duplications" it shall read "the 
 copies";  
  (3)  In section (3), instead of "section 7d of the Copyright 
 Ordinance" shall be "section 65 of the Copyright Act" 
   
72. Amendment 
of Criminal 
Procedure Law   In the Criminal Procedure Act (Combined Version) 1982, in the Second 
Schedule, in item (3), instead of "section 10(c) and (d) to the Copyright 
Ordinance" shall be replaced by the words "section 61(c),(d), and (e) to the 
Copyright Act, 2007".     
   
73. Amendment 
of Courts Law   In the Courts Act (Combined Version) 1984, sub-sections (a) and (b) of 
Section 40(4)  shall be replaced by:              
 
"(a)  The Copyright Act – 2007"  
   
74. Amendment 
of the Law 
Against Money Laundering   In the Act Prohibiting Money Laundering, 2000, First Schedule, item (16), 
the words "the Copyright Ordinance" shall be replace by the words "the 
Copyright Act  – 2007". 
   
75. Amendment 
of Law Against 
Organized Crime   In the Act on Combat against Criminal Organizations  2003, First Schedule, 
item 4, the words "section 10(c) and (d) of Copyright Ordinance shall be 
replaced by the words "section 61(c),(d) and (e) of the Copyright Act – 2007".  
   
76. Amendment 
of Knesset Broadcast 
Television Law   In the TV Broadcasts from the Knesset Act 2003, section 15, in the 
definition of "intellectual property", instead of the words "copyright according to Copyright Act 1911, and the Copyright Ordinance" shall come 
the words "copyright according to the Copyright Act – 2007". 
   
  CHAPTER 12: Commencement, Applicability and Transition 
Provisions 
   
77. 
Commencement   The commencement of this law shall be six months from the day of its 
publication (hereinafter - the commencement date). 
   IP/N/1/ISR/C/11 
 
- 20 - 
 
  78. Applicability 
and Transition Provisions  (a)  The provisions of this Act shall also be applicable with respect to 
works made prior to the date of commencement of this Act, subject to the provisions in sub-sections (b) to (j).   
 
(b)  The subsistence of copyright in accordance with the provisions of Chapter 2 of this Act will not apply with respect to works made prior to the 
commencement of this Act in which copyright did not subsist under the prior 
law (hereinafter in this section – the Former Law); Nevertheless, there is nothing in the provisions of this sub-section to prevent the subsistence of 
copyright in accordance with this Law in an aforesaid work, if said work, 
from the commencement date and on, met the conditions set forth in Section 8, or in an Order made in accordance with Section 9.  
 
(c)  Acts done in relation to a work before the commencement of this Law, 
shall not be subject to the provisions in Chapter 7 in respect of infringement 
of copyright or moral right and as regards remedies for such infringement, rather for these purposes the Former Law shall continue to apply; however an act which is not an infringement of copyright or of moral right according 
to this Act, shall not be actionable according to the provisions in the Former 
Law.   
(d)  A copy of a work made, or imported into Israel, before the date of 
commencement shall be deemed an "infringing copy" for purposes of this Act, if it would have been deemed an infringing copy prior to the 
commencement of this Act pursuant to section 10(e) of the Copyright 
Ordinance prior to the commencement date of this Act.   (e)  The provisions in sections 33 to 36 shall not apply with respect to 
works made prior to the commencement date and the provisions of the 
Former Law in this regard shall remain valid.    
(f)  The provisions of Section 37 shall not apply with respect to 
assignments of copyright occurring prior to the commencement of this Act or with respect to licenses granted prior to the commencement of this Act, 
and the Former Law shall continue to be in force with regard to these 
issues.   
  (g)  The provisions of Section 54 shall not apply in respect of proceedings 
which were commenced and pending prior to the commencement of this law, and the Former Law shall continue to be in force with regard to these 
issues.  
 (h)  Copyright in the rental of a work as stated in section 11(7), in relation 
to a computer program, shall not apply with respect to a copy of a computer 
program acquired before the 1
st of January 2000. 
 (i)  In respect of the identity of an author of a photographic work made 
prior to the commencement date of this Act, and in respect of the duration 
 
of copyright in such photographic work, the former law shall apply.  
 
(j)  In respect of a sound recording made prior to the commencement of 
this law, the definition of "producer" as per Section 1, shall not apply, and the producer shall be the person that would have been deemed the author 
of the work in accordance with section 19(1) of Copyright Act 1911. 
end   
 
  
__________