Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA commercial use of a work without paying royalties will not be deemed fair use
Copyright, Trademarks Media and Artists
Dispute Resolution
Tali – the royalty company of the filmmakers in Israel – contended that the Petah Tikva Municipality infringed upon its copyright when it screened three films without paying royalties: One was screened for free at a youth center, and the other two were screened to the general public for ILS 30. The Court held that […]
A check given as security to secure payment to a third party will be honored even if a dispute exists between the drawer of the check and the third party
Commercial, Banking and Financial
Dispute Resolution
A supplier of construction materials received a security check intended to secure payment of products and goods ordered by a contractor for a customer who requested to purchase them in credit. Due to a dispute with the contractor, the client refused to honor the check. The Court rejected the client’s objection and held that the […]
A party to a trust who is not a signatory to the trust constitutional documents will not necessarily be subject to an exclusive jurisdiction clause therein
Trusts
International Transactions and Dispute Resolution
Dispute Resolution
A man entered into an oral agreement with two Israeli lawyers according to which they will handle the conversion of the Bitcoins he owns into euros, hold the funds received after the conversion in trust, and transfer them, after deducting their commission, to his account upon demand. The lawyers formed trusts in Singapore for the […]
Presenting a person in a degrading manner as to its sex or sexuality may be deemed sexual harassment even if its purpose was satirical
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
As part of a satirical radio show, there was a repeating gig of an imitation of a famous journalist, in which it was implied that she consumes drugs, as well as presenting her in a mocking manner using words and expressions of a sexual nature. The Court accepted the lawsuit including due to sexual harassment. […]
I’m sorry Dave, I’m afraid I can’t do that
European Law and Regulations
High-Tech and Technology
An article on the European regulation on artificial intelligence technology that came into effect on 01.08.2024 and in practice affects every technology company around the world that operates AI-based technologies. The article was written by attorney Adi Marcus of Afik & Co.
A photographer might not be compensated for copying its photo if it was fairly used and its identity could not be traced in real time
Copyright, Trademarks Media and Artists
Dispute Resolution
A historian copied a photo from a collaborative website and uploaded it to his blog, which is used for study and research, without crediting the creator, as the photo was uploaded under a fictitious username. Only after a long period of time, a woman who identified herself for the first time as the photographer of […]
Initiation of divorce proceedings does not annul of a mutual will
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A couple made a mutual will, in which, among other things, each bequeathed its estate to the surviving spouse. A few years later the wife initiated divorce proceedings but passed away prior to their conclusion. Only after her passing did the husband discover that after making the mutual will the deceased made a separate will […]
Being a sole signatory of a company is not enough to be considered as having control for the purposes of piercing the veil of incorporation
Business, Corporate and Joint Ventures
Public Law, Environment and Tenders
Taxation and Government Incentives and Funding
After the controlling shareholder was declared bankrupt, the municipality sought to collect the company’s city tax debts directly from his wife, who was the sole signatory in the company, by piercing the corporate veil. The Court rejected the municipality’s contention and held that the wife did not have control over the company. When a private […]
