WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/ISR/C/10 
29 May 2008 
 (08-2519) 
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 text
1 of the Copyright Act, 2007, as notified by Israel 
under Article 63.2 of the Agreement (see document IP/N/1/ISR/2). 
 
 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 
 
ISRAËL 
   Le présent document contient le texte
1 de la Loi de 2007 sur le droit d'auteur, notifiée par 
Israël au titre de l'article 63:2 de l'A ccord (voir le document IP/N/1/ISR/2). 
 
 
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 texto
1 de la Ley de Derecho de Autor, de 2007, 
notificada por Israel en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/ISR/2). 
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/ISR/C/10 
Page 2  
 
   
  COPYRIGHT ACT, 2007 
Last updated 
10 January 2008  The Copyright Act of 2007 passed the Israeli Parliament (the Knesset) on Nov. 19, 2007, and was published in "Reshumot" (official gazette), 2007 Law Statutes of Israel, Issue 2199, at page 34 on Nov. 25, 2007. Pursuant to section 77 the Act will 
come into force on May 25, 2008.
 
   
  CHAPTER ONE: 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 of 
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, choreograp hy, 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 ci nematographic 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 cinematogr aphic work or a sound recording 
– the person who is responsible fo r the arrangements necessary for the 
making of the cinematographic work or the sound recording, respectively;  IP/N/1/ISR/C/10 
 Page 3 
 
 
   
  " 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, wh ich, 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; 
  " 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 t hough it was first published in Israel.  
   
  Chapter 2: Conditions For Subsistence of Copyright  
3. Exclusiveness of 
This Law  Copyright shall not subsist in a wo rk 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 lite rary 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 arra ngement of the works or of the data 
embodied therein.  IP/N/1/ISR/C/10 
Page 4  
 
  5. Extent of 
Copyright in 
Works  Copyright in a work as stated in sec tion 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.  
6. Official 
Publications  Notwithstanding the provisions of secti on 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 secti on 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 Isr ael, regardless of whether the work was 
published or not. 
(b) Without derogation from the provi sions 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 a nother country regarding copyright, or 
where Israel accedes to a copyright treat y, 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 protect ed pursuant to the provisions of the 
Order; The protection for the aforesaid works shall not  exceed the protection which would have been gran ted them if the conditions in section 
8 were met, unless agreed otherwise in the aforesaid treaty, but not in 
excess of said treaty.   IP/N/1/ISR/C/10 
 Page 5 
 
 
  10. Preservation 
of Reciprocity  Where the Minister has determined th at 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 enforc eable with respect to works made 
subsequent to its coming into force. 
   
  Chapter C: Subsistence of Copyright  
11. What means 
Copyright    
  Copyright in a work means the exclus ive 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 mean s 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 combin ation of sounds and images, which 
contained in a work, to the public.   IP/N/1/ISR/C/10 
Page 6  
 
   
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. 
 
(b)  For purposes of sub-section (a), renting by a public library or a 
library of an educational institution sh all 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 Four: 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 th erein, 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 consider ed 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 admi nistrative 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.   IP/N/1/ISR/C/10 
 Page 7 
 
 
  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 Th e 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 so und 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 inclusi on of a musical work, including its 
accompanying lyrics, or of a sound recording embodying such musical 
work, in another work, shall not be d eemed to be an incidental use.  
23. Broadcast or 
copying of work in public place  
  Broadcasting, or copying by way of photography, drawing, sketch or 
similar visual description, of an archit ectural work, a work of sculpture or 
work of applied art, are permitted wher e 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 possession 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 wh ich is needed to adapt a 
different and independent ly developed computer 
system or program, in such a way that it will be 
interoperable with the computer program. 
 IP/N/1/ISR/C/10 
Page 8  
 
  (d) The provisions of sub-section (c) sh all 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 mean s 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 transmitte d to another person for a purpose 
different than the purposes 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 co py" 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. 
(c)  Notwithstanding the provisions of sub-section (b), preservation of a 
recording is permitted – 
(1) for archival purposes; (2) with regard to a person permitte d 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 te chnological 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 comp rises a partial copying of an earlier 
work, or a derivative work from an ea rlier work, as well as any use of the 
said new work, are permitted to the au thor 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 th at were used with the consent  IP/N/1/ISR/C/10 
 Page 9 
 
 
  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 ins titutions, 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 activ ity of said institution, and to them 
alone; However the screening of a cinematographic work is permitted according to this section if done so lely 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 pur chase 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 th e said reserve copy is not 
used as an additional copy to the 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 th e work, that had been in the 
permanent collection of another library or archive and was lost, destroyed or has become unusable.  
(b)  Copying of a work, a copy of wh ich 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 prescribed 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 copyin g as well as conditions for the grant 
of public access to copies that were made in accordance with this sub-
section.  IP/N/1/ISR/C/10 
Page 10  
 
   
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 ar chives, 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 permitte d, 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 reprodu ced 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 th e 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 re gulations as regards the following 
matters:  
(1)  Methods for informing the copyright owner as stated in 
sub-section (a)(3);  
(2)  Considerations and parame ters 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. 
   
  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 copyright in a work made by an 
employee in the course of his service and during the period of his service, unless otherwise agreed.  IP/N/1/ISR/C/10 
 Page 11 
 
 
  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 State in consequence of his service and during the period of his service; In this section, "State employee" – includes soldiers, policemen and any other pe rson 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 owner 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 a nd for 70 years after his death. 
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 kno wn 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 subsis t for a period of 70 years from the date 
such work was first published; If su ch a work was not published until the 
end of  70 years from the date of it s 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 publicly 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. IP/N/1/ISR/C/10 
Page 12  
 
  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 31st 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 such 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 s ubsists pursuant to an Order in 
accordance with section 9, unless ot herwise 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. 
(b)  When the aforesaid work is an architectural work 
situated in a Member State or a separate artistic work 
incorporated in a building or ot her 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.  IP/N/1/ISR/C/10 
 Page 13 
 
 
   
  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 progr ams, 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 m odification, 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 owner, 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 infringi ng copy that is not for personal use 
as provided for in section 129 of the Customs Ordinance. 
49. Public 
Performance in a 
Place of Public Entertainment  A person who permits another person , for financial gain, to publicly 
perform a work in a place of public en tertainment, without the consent of 
the owner of the copyright therein, infringes the copyright, unless he did 
not know, nor should have known, th at said performance would constitute 
an infringement; In this section, "pl ace of public entertainment" means a 
place used for entertainment and cultural performances, including catering 
halls, outdoor function areas, restaurants, coffee shops or clubs. IP/N/1/ISR/C/10 
Page 14  
 
   
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 stru cture, and such act constitutes an 
infringement of the moral right set forth in section 46(2), infringes the 
moral right, if at the time of doing such act he knows, or should have 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 exclusive license has been granted in 
respect of it as defined in section 37(d) – such claim may also be commenced by the exclusive licensee . 
(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.  IP/N/1/ISR/C/10 
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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 hi s death – then by his relatives; In 
this matter, "relatives" – means a s pouse, 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 co pyright 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/10 
Page 16  
 
   
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 ownership 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. 
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 am ount 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 foll owing, shall be liable to up to three  IP/N/1/ISR/C/10 
 Page 17 
 
 
  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; 
          (2) Sells, lets for hire or distributes 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 secti on 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 presump tion that the senior officer was in 
breach of his obligation under sub-sec tion (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 infri ngement of copyright or moral right, 
unless proved otherwise: 
(1) Where the name of a person a ppears on the work in the usual 
manner as the author of the work, there is a presumption that such person 
is the author of the work and the ow ner of the copyright therein; the said 
presumption shall also apply in respect of the pseudonym of any person, provided that the identity of the owner of the pseudonym is publicly known; 
(2) Where the name of a person as the author of the work does not 
appear on the work and its author is not known, or the pseudonym of a 
person whose identity is not publicly known appears thereon, there is a presumption that the person whose name appears on the work in the usual manner as the publisher of the work is the owner of the copyright therein. IP/N/1/ISR/C/10 
Page 18  
 
  (3)  Where the name of a person appears on a cinematographic work in 
the usual manner as the producer of the work, there is a presumption that such person is the producer of the work. 
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 clai ms are infringing copies of the work 
and to treat them as goods the impor t 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 pr ovide 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 dete ntion 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/10 
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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 accordan ce 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 "c opyright" 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 "c opyright" shall be replaced by the 
term "design right"; 
(b) In subsection (2), the term "c opyright" 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/10 
Page 20  
 
  (6) In section 43 -  
(a) In subsection (1), the term "c opyright" shall be replaced by the 
term "design right"; (b) In subsection (3), the term "c opyright" 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" 
73. Amendment of 
Courts Law   In the Courts Act (Combined Versi on) 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 L: 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). 
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,  IP/N/1/ISR/C/10 
 Page 21 
 
 
  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 Orde r 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 "i nfringing 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 commence ment 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 prio r to the commencement of this Act 
or with respect to licenses granted pr ior 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 Fo rmer 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   
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