Civil Case (Tel Aviv) 37969-04-24 Omri Zehavi v. Adiv – Printed T-Shirts Ltd.

Introduction

1. I have before me a monetary claim in the amount of ILS 500,000 concerning the plaintiff's demand to receive compensation for copyright infringement, along with a demand to instruct the defendant to cease any use of his works and to refrain from printing them.
2. The plaintiff is an artist and creator in the field of painting and graphic design and is the owner of a business that provides services in this field. The design services include designs for illustrations, illustrations and graphic drawings, which are addressed to the general public, and in particular to those who serve the security forces (hereinafter: "the plaintiff").
3. The defendant is a veteran and well-known printing house, which specializes in printing services, including printing branded shirts for various organizations, soldiers and youth movements. The defendant was established decades ago and employs many employees (hereinafter: "the defendant").
4. At the center of the lawsuit is the plaintiff's claim that the defendant made use of his original works without his permission and against his will, without receiving payment for it and without respecting his moral right. The main alleged infringement was done by displaying the plaintiff's works on the defendant's website and on the "Instagram" network, for the purpose of advertising and marketing.
5. In January 2022, Mr. Noam Bracha, an agent on behalf of the defendant, approached the plaintiff with an offer of cooperation between the parties. The plaintiff refused this offer.
6. In May 2023, the defendant launched a new database of paintings on its website. Twelve drawings of the plaintiff were uploaded to this database, without his knowledge and without his consent.  The uploading of the works was apparently done by a third party - soldiers and employees of the security forces, and not by the defendant.  Additional publications of the defendant's products on which the plaintiff's drawings are stamped were also uploaded to the social network "Instagram".
7. On May 31, 2023, the plaintiff contacted the defendant demanding the immediate removal of his drawings from the defendant's database. The defendant acted to remove the paintings, in whole or in part.
8. On June 4, 2023, the plaintiff adds in writing alongside his drawings that the designs are his own and that they can be used for personal use and are not permitted to be transferred to another party or to a third party.
9. After June 2023, 3 additional drawings of the plaintiff were published in the defendant's database.

The parties' arguments