What is copyright infringement?
A copyright holder is the only person entitled to take advantage of the economic potential inherent in a work. If another entity makes unauthorized use of such a work, and he does not enjoy the protections stipulated by law, the owner of the work can sue to put an immediate stop to use of the work, to destroy infringing copies of the work, and even to sue for damages. Among other things, the owner of the work can sue for compensation without proof of harm. Such compensation is referred to in legal jargon as “statutory damages.” The rationale behind the law is that instead of proving real damages, the legislature has set a relatively high price tag that provides an incentive for the creator and a significant deterrent to infringement.
What compensation does the law provide in cases of copyright infringement, without proof of harm?
As of 2018, the statutory damages stand at up to NIS 100,000 per each infringement. It is important to emphasize that in practice, the courts determine the amount of the statutory damages in each case, on its own merits. The court weighs many considerations when determining the appropriate amount of damages without proof of harm, on the merits of each individual case. Among other things, the court addresses the scope of the infringement, its duration, and the economic circumstances surrounding the incident.
What protections does the law include in connection with copyright infringement?
The Copyright Law lists a few defenses, including fair use, tangential use, and temporary copying. The question of whether these defenses are available is not simple and requires an orderly legal opinion prior to relying on these defenses.