Copyright Act: the sections this site discusses

Online, these questions come up in almost every publication, so they are discussed in detail on the page legal aspects of online commerce.

What the law provides

Section 11 of the Act gives the author an exclusive right to do certain acts with their work (copying, publishing, public performance, broadcasting, making it available to the public, making a derivative work, and sometimes also renting it out), so doing such an act without the author’s permission may be an infringement. On the other hand, section 19 allows “fair use” of a work for purposes such as these: private study, research, criticism, review, news reporting, quotation, or teaching and examination by an educational institution. This is an open list (“such as”). To examine whether a particular use is fair, the court weighs four considerations: the purpose and character of the use, the character of the work used, the extent of the use in relation to the work as a whole, and the effect of the use on the value of the work and on its potential market.

Beyond the economic right, sections 45–46 give the author a personal “moral right” that cannot be transferred: the right to have their name stated on their work to the extent and in the manner appropriate in the circumstances, and the right that no distortion, mutilation or other modification or other derogatory act be done to their work, if this would harm their honor or reputation. When copyright is infringed, section 56 allows the plaintiff to ask the court to award compensation “without proof of damage” of up to NIS 100,000 for each infringement, without proving the actual amount of the damage. In setting the amount, the court considers the extent, duration and severity of the infringement, the actual damage caused, the profit the infringer made, the characteristics of the infringer, the relationship between the parties and the infringer’s good faith.

A numerical example

A photographer published on Instagram an original photo that he took. A commercial company copied the photo in full and published it in an advertisement, without permission and without credit. The purpose of the use is not one of the purposes listed in section 19 (there is no study, criticism or news reporting here), and the use is commercial and of the whole photo, so as a rule it will not be considered fair use but an infringement. The photographer can claim compensation “without proof of damage” under section 56: up to NIS 100,000 for the infringement, in an amount the court will set taking into account, among other things, the extent, duration and severity of the infringement and the profit the infringer made (section 56(b)), without having to prove how much income he actually lost. Leaving out his name may also be an infringement of the moral right (section 46(1)).

For practical guides on copyright on social media and on fair use, see Copyright on social media: the rules in practice and Fair use in copyright: the limits of the law, and the page Digital commerce, AI and privacy and Trademarks and copyright: the full guide.

Which documents to prepare before a claim for copyright infringement

1. The work and the author’s name: a copy of the work on which the author’s name appears in the usual way. A person whose name appears in this way is presumed to be the author, unless proven otherwise (section 64(1)).
2. Ownership documents: when the work was created by an employee or on commission, the employment agreement or the commission (sections 34–35); when the right was transferred to the plaintiff or an exclusive license was granted to them, the contract, which requires a written document (section 37(c)). An exclusive licensee may also sue (section 54(a)).
3. Documenting the infringement: what was copied or made available to the public, where and when, and whether the author’s name was left out (sections 11 and 46).
4. Information for setting the compensation: the extent of the infringement, its duration, the profit the infringer made and the characteristics of its activity, some of the considerations in section 56(b).
5. The notice to the infringer and their response: stopping the infringement within a reasonable time after receiving notice from the owner of the right is one of the conditions of the exception in section 56A(a), which in certain circumstances rules out compensation without proof of damage.

The sections the site discusses

This page brings together 4 sections of the Copyright Act that are discussed in 4 guides on this site. The title of each section is the marginal note of the consolidated version of the Act (unofficial translation), not a heading we wrote. The last column links to the guides on this site that discuss that section.

The original text of the law

• Copyright Act, 5768-2007: text of the Act
• Copyright Act: consolidated version on Nevo (Israeli legal database)

FAQ

What is the difference between the economic right and the moral right in a work?
The economic right (section 11) is the right to copy, publish and profit from the work, and it can be transferred or sold. The moral right (sections 45–46) is the author’s personal right to proper credit and to keeping the integrity of the work, and it cannot be transferred: it stays with the author even if they sold the economic right.

Which uses may count as “fair use” of someone else’s work?
Under section 19, fair use is allowed for purposes such as private study, research, criticism, review, news reporting, quotation, or teaching and examination in an educational institution, subject to weighing four considerations, including the extent of the use and its effect on the potential market for the work.

How much compensation can you get for copyright infringement without proving actual damage?
Section 56 allows the court to award compensation of up to NIS 100,000 for each infringement, without the need to prove the amount of the damage actually caused; infringements in one series of acts are considered one infringement (section 56(c)). Section 56A excludes certain cases, for example non-commercial online making available of an artistic work that had already been made available to the public, when the infringement was stopped within a reasonable time after receiving notice.

May you use a short quote from someone else’s work?
“Quotation” is expressly listed among the purposes for which fair use may exist under section 19, but the other considerations in the section must also be examined, such as the extent of the quote in relation to the work as a whole.

This page collects the references to legislation on the site. The section headings are the marginal notes as worded in the consolidated text of the law, and are not our interpretation. The binding text is the one published in Sefer HaHukim (the official gazette of statutes). The content here is general information and is not legal advice. Translated: 12 November 2026 · Hebrew version updated: 13 October 2026.