Reciprocal use of protected works over the years may indicate consent to the use of the protected works

Two media bodies published articles and photographs belonging to each other, mutually, without permission for a period of about six years.

The Court rejected the claims filed by each for copyright infringement and held that both parties cooperated and gave their consent to the use. Under Israeli law, copyright is the proprietary right that exists for the creator of a literary or photographic work, including journalistic articles and press photographs. The right to a work created during the employment relationship belongs to the employer, with certain exceptions, and the owner of the property right only has the power to give its written permission to use the work. Here, each media body used the protected work of the other for a long period of time without a written agreement being signed by the authorized person which has the power to grant permission to use the works. A mutual continuous and consistent conduct may indicate the existence of a cooperation agreement. Therefore, in this case there is no copyright infringement due to the mutual conduct and cooperation between the parties.