TABLE OF CONTENTS | ||
---|---|---|
Article | ||
Chapter One: | Interpretation | |
Definitions .................................................................... | 1 | |
Chapter Two: | Performers’ and Broadcasters’ Rights | |
Performers’ Rights ........................................................ | 2 | |
Agreement..................................................................... | 3 | |
Royalties for Playing and Presenting ............................ | 3A | |
Exemptions from Agreement ........................................ | 4 | |
Moral Right................................................................... | 4A | |
Broadcaster’s Rights ..................................................... | 4A | |
Protection ...................................................................... | 4B | |
Does not Require Agreement ........................................ | 4C | |
Applicability of Provisions ........................................... | 4D | |
Chapter Three: | Remedies and Penalties | |
Civil Remedies.............................................................. | 5 | |
Penalties........................................................................ | 6 | |
Responsibility for Offense ............................................ | 7 | |
Order to Seize or to Prohibit Distribution ..................... | 8 | |
Applicability of Seizure Order to Person Who is Not a | ||
Party.............................................................................. | 9 | |
Chapter Four: | Miscellaneous Provisions | |
Period of Performers’ Rights......................................... | 10 | |
Performer Who is Employee......................................... | 11 | |
Performer Who is a Policeman or Soldier..................... | 12 | |
Performance Outside Israel ........................................... | 13 | |
Performance Before this Law Went Into Effect ............ | 14 | |
Saving of Laws ............................................................. | 15 | |
Freedom to Set Terms ................................................... | 16 | |
Applicable to State........................................................ | 17 | |
Effect............................................................................. | 18 |
Definitions
1. In this Law— “performer”—a person who performs a literary, artistic, dramatic or musical work by
acting, singing, playing an instrument, dancing or in some other manner; “broadcaster”—a person who make a radio or television broadcast by lawful agreement; “performance”—the performance of a literary, artistic, dramatic or musical work by a
performer;
“recording”—the preservation of a performance by any means that allow the performance to be seen, heard or copied;
“broadcast”—transmission or distribution to the public—by wire, wireless or any other means—of sounds and images or of a combination of sounds and images;
“subsidiary broadcast”—a broadcast in which one person broadcasts the broadcast of another person, simultaneously with the other person’s broadcast;
“copying”—the preparation of a copy of a recording or of a significant part thereof.
Performers’ Rights
2. The performer has the right that the following be done only with his agreement:
Agreement
3. Agreement for purposes of section 2 shall be given—
Exemptions from Agreement
4. The provisions of section 2 shall not apply when the said acts constitute fair distribution or use, for purposes of private study or nonprofit instruction, or for research, criticism, survey or a journalistic precis.
Moral Right
4A.—(a) The performer has the right to have his name stated with every performance by him and on every recording or copy thereof, to an extent and degree customary in such cases.
(Note: two separate sections “4A” were inserted by two separate amendments, the one in SH of in 5756, p. 88, the other in SH of 5756, p. 245—Tr.)
Broadcaster’s Rights
4A. A broadcaster has the right that the acts specified below shall only be done with his agreement:
Protection
4B. The provision of section 4A shall not apply to a broadcast performed in violation of a copyright or of performers’ rights.
Does not Require Agreement
4C. The provisions of section 4A(1) and (2) shall not apply to aforesaid acts performed for private use or for fair use; in this section, “fair use”—proper use for private study or nonprofit instruction, or for research or criticism.
Applicability of Provisions
4D. In Chapters Three and Four, for “performer” and “performance”, read also by implication “broadcaster” and broadcast”.
Civil Remedies
5. All the civil remedies provided under any Law for the owner of a copyright whose rights were violated shall be available, mutatis mutandis, to a performer, whose right under this Law has been violated.
Penalties
6.—(a) If a person knowingly violates performers’ rights under this law, then he shall be liable to six months’ imprisonment, or to a fine as said in section 61(a)(4) of the Penal Law 5737—1977.
Order to Seize or to Prohibit Distribution
8. In addition to every other relief the court may order that a recording be seized or that its or its copies’ distribution be prohibited; having ordered seizure, the court shall order what is to be done with the seized recording or copies.
Applicability of Seizure Order to Person Who is Not a Party
9.—(a) A seizure order issued under section 8 shall also be in effect against a person whose name appears in it and who has in his possession a recording or copies for sale, rental, distribution or storage, also if that person is not a party to the trial (hereinafter: person who is not a party).
Period of Performers’ Rights
10. The provisions of this Law shall not apply to a performance after 25 years have elapsed from the end of the year in which the original performance took place.
Performer Who is Employee
11. If a performer was employed as an employee and the performance took place in the course of his service with the employer and in consequence of that service, then the rights assigned by this Law to the performer shall be owned by the employer during the first 15 years of the period said in section 10, and by the performer during the rest of the period, unless determined otherwise by agreement.
Performer Who is a Policeman or Soldier
12.—(a) If a performance takes place in the course of the performer’s service in the police or the army and in consequence of that service, then the provisions of section 11 shall apply, as if the State were the performer’s employer, if he is one of the following:
Performance Outside Israel
13.—(a) This Law shall not apply to performances performed outside Israel.
(b) Notwithstanding the provision of subsection (a), the Minister of Justice may make an order that the all or some of the provisions of this Law shall apply to performances performed outside Israel, if it is so determined in an international convention to which Israel is a party.
14. This Law shall not apply to a performance which took place before it went into effect.
Saving of Laws
15. This Law shall add to, and not derogate from any other enactment.
Freedom to Set Terms
16. The provisions of this Law shall not affect or derogate from terms under any agreement made before or after it went into effect.
Applicable to State
Effect