Legal Updates

Using a melody without the composer’s consent may constitute a copyright infringement

February 26, 2023
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A candidate in local elections in the city of Ariel played a praise song for himself during the election while using the melody of the song "Eliezer Ben Yehuda", without any permission from the creator and composer Mati Caspi and without proper credit.

The Court accepted the creator's claim and held that he would be compensated for copyright infringement. Under Israeli law, the creator owns the right in its creation which is a proprietary right protected under Basic Law. One who use a protected work must inquire who is the original creator of the work and obtain its permission for any use. Here, the melody was used in two different clips without the creator's knowledge and, of course, also without its permission nor any consideration being paid for the use. The candidate should have known that using the melody without the creator's consent constitutes a copyright infringement and therefore must pay compensation for it.