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    Practice Areas

    Copyright

    Copyright is an important field in the world of intellectual property and embodies the exclusive right to perform in the work, or in a substantial part of it, various actions, such as copying, publishing, public performance, broadcasting and making the work available to the public.

    Copyright protects only original works. An original work is a work that the creator created himself (and that was not copied from someone else). In addition, the law requires a minimum personal investment and creativity in the work. Original works are divided into five types: literary works (e.g. texts), works of art (e.g. paintings), dramatic works (e.g. films), musical works (e.g. melodies) and recording (e.g. on discs).

    It is important to understand that unlike a patent, which is granted on a technological invention, copyright is not granted on an invention but on the actual expression of an idea. Sometimes, a particular development can benefit from the protection of a number of intellectual property rights, such as patent, copyright, design or trademark. For example, a particular computer software could theoretically enjoy both patent protection for the technology and copyright protection for creative elements such as the interface, with each right protecting another element of the development. For this reason, it is important to consult with a professional who specializes in the field, and who can provide analysis and advice regarding the possible ways of protecting intellectual property rights.

    While patents have very good public relations, copyrights can sometimes be "forgotten", when in fact they entail not only great economic value for their owners, but also unique commercial benefits, such as a particularly long protection period of 70 years after the creator has passed away (unlike a patent which can enjoy a maximum protection period of 20, and in some cases 25, years from the registration date).

    Our firm assists in the registration and protection of copyright, and provides legal advice at all stages of the creation, from the initial concept stage to advanced stages such as negotiating, drafting commercial distribution agreements, licensing and purchase agreements, etc. We assist many talented artists, authors, photographers, entrepreneurs, as well as industrial companies that possess valuable copyrights.

    Due to the unbearable ease of copyright infringement nowadays, many industries are vulnerable to piracy, hence the obvious need to protect it. Receiving the right legal counsel, especially at early stages when strategic actions can be taken, is paramount. 

    When it comes to litigation, our highly experienced team specializes in managing complex copyright infringement cases for clients from a variety of fields and industries, such as the software industry, music, movies, books, designs, fashion, academia and more.

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    FAQs

    Can I protect my ideas via copyright?

    Copyright does not protect an idea but the way the idea is expressed. For example, while you cannot get copyright protection for an idea for a book, you can get protection for the written book itself.

    Similarly, copyright law states that it is also not possible to obtain protection for a process and method of execution, a mathematical concept, a fact or a given, and the news of the day.

    Do I need to register my copyright?

    Unlike a patent, for example, there is no substantial requirement to register copyright in Israel to enjoy copyright protection. Indeed, there is no official copyright register in Israel. Copyright may be registered in various international registries, such as the American Library of Congress, to enjoy evidentiary benefits, as well as in some countries to initiate legal proceedings relating to the registered work.

    In any case, we recommend documenting the work by various means, and of course, consulting an attorney regarding the best ways to protect your work.

    How can I protect my copyrighted works?

    While the options available to you can vary depending on the nature of your work, it is generally highly recommended to document the work so that if you are required in the future to prove ownership of the work, strong evidence will be available to you. For this reason, we often recommend also registering with official registries and/or entrusting the work to a notary.

    It is also essential to be careful and indicate on or next to the work the name of the owner and that it is a work that is protected by copyright and to indicate the permitted/prohibited uses of the work.

    Of course, restricting access to the work is recommended as much as possible. For example, if you want to share your photos with others, it is not recommended to provide quality source files but low-resolution ones.

    Suppose other parties are involved in the creation process and / or commercial aspects relating to the work. In that case, the commercial agreements between the parties must include an explicit reference regarding copyright ownership and the permitted/prohibited uses of these works.

    Of course, it is highly recommended to consult with an attorney who specializes in this field and who will be able to provide you with legal advice appropriate to your situation.

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