Commons:Нормы авторского права по территории/Израиль

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

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

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

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

According to Israel's copyright statute of 2007,

• In general, the author of a work is the first owner of copyright.^{[2007-2011 Sec.33(1)]}
• With a sound recording, the producer is the first owner of copyright.^{[2007-2011 Sec.33(2)]}
• The employer is the first owner of copyright in a work made by an employee in the course of his service and during the period of his service, unless otherwise agreed.^{[2007-2011 Sec.34]}

• In a work made pursuant to a commission, the first owner of the copyright therein, wholly or partially, is the author, unless otherwise agreed as between the commissioning party and the author, expressly or impliedly.^{[2007-2011 Sec.35(a)]}
• In a work which is a portrait or a photograph of a family event or other private event, made pursuant to a commission, the first owner of the copyright is the commissioning party.^{[2007-2011 Sec.35(b)]}

• The state is the first owner of a work made by, or commissioned for, the State or by an employee of the State in consequence of his service and during the period of his service; In this section, "State employee" – includes soldiers, policemen and any other person who holds a position according to a statute in a State entity or institution.^{[2007-2011 Sec.36]}

According to Israel's copyright statute of 2007,

• Copyright in a work subsists during the life of its author and for 70 years after his death, subject to the provisions below.^{[2007-2011 Sec.38]}
• Copyright in a joint work subsists during the life of its longest surviving joint author and for 70 years after his death.^{[2007-2011 Sec.39]}
• Copyright in an anonymous or pseudonymous work lasts for 70 years from the date it was first published, or if not published within 70 years for 70 years from the date it was created, as long as the identity of the author does not become known in this period.^{[2007-2011 Sec.40]}

• Copyright in a sound recording subsists for 50 years from the date of its making.^{[2007-2011 Sec.41]}
• Copyright in a work in which the State is the first owner of the copyright lasts for 50 years from the date of its making.^{[2007-2011 Sec.42]} Images distributed by the Israeli Government Press Office are copyrighted.^[3]
• The period of copyright in a work shall end on the 31st of December of the year in which such copyright is set to expire.^{[2007-2011 Sec.43]}

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

• Copyright in a work as stated in section 4 [original works which are literary works, artistic works, dramatic works or musical works, sound recordings] shall not extend to any of the following, however it shall extend to their expression: (1) Ideas; (2) Procedures and methods of operation; (3) Mathematical concepts; (4) Facts or data; (5) News of the day.^{[2007-2011 Sec.5]}

• Notwithstanding the provisions of section 4, copyright shall not subsist in statutes, regulations, Knesset Protocols and judicial decisions of the courts or of any other government entities having judicial authority according to law.^{[2007-2011 Sec.6]}

• Notwithstanding the provisions of section 4, copyright shall not subsist in "designs" as defined in the Patents and Designs Ordinance unless the design is not used, nor intended for use in industrial manufacture.^{[2007-2011 Sec.7]}