Legal Updates

A series of infringements in a single protected work may be considered a “single infringement” under law but will affect determining the damages

June 9, 2020

A picture taken by a photographer was published on at least ten different occasions as part of an ad for vacation packages.
The Court held that the use of the picture is infringement of copyright but while multiple infringing uses of the same photograph constitutes a single infringement under law, the multiple use may be a factor in determining the amount of damages awarded to the rights-owner. A photograph is a copyrighted creation under the copyright law and may not be published without agreement of the photographer. Under Israeli Copyright Law, each infringement entitles the rights owner to damages without proof of damage of up to ILS 100,000. However, a continuous or repeated infringement of the same right, as part of the same set of actions is deemed as a single act of infringement when it comes to determining the damages in cases where actual damages is not proven. When considering the scope of the infringement, the number of uses included in the same set of actions becomes a factor which may significantly increase the awarded damages.