The owner of a recipe website contended that photos she took and recipes uploaded to her website were copied by another blogger, including the Google promotion data, so that every search in the Google search engine led to a link to the internal pages of the blogger's website.
The Court partially accepted the motion, but determined that no damage was caused to the website owner. Israeli law stipulates that photos are works of the photographic type which are protected under copyrights and recipes are considered works expressed in writing, however for a recipe to be protected by copyright, it must include an original way of expression. Regarding damage, the law sets a statutory compensation without proof of damage in the amount of ILS 100,000, however the estimate of the damage must still be reviewed and not be a clause through which the person whose right has been breached enriches himself at the expense of the infringer in an illegal manner. Here, both the photos and the recipes were created in a creative way and are protected under Copyright Law. However, regarding the damage, because the pieces were copied to internal pages that the surfers probably did not have access to, it seems that no profit arose from the breach itself, and therefore the website owner is entitled to compensation without proof of damage in the amount of only ILS 33,000.