Legal Updates

He who infringed upon a copyright in good faith and without knowing of its existence will not be required to pay compensation

January 5, 2023
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A retail chain sold designed wooden signs bearing the phrase: "Whoever believes is not afraid", which is also found in the song "Whoever Believes" written by the creator Yossi Gispan.

The Court rejected the creator's claim for damages and held that the copyright infringement was done in good faith under circumstances that do not justify compensation. Under Israeli law, an innocent infringer is protected if it did not know and should not have known that there is a copyright in a protected work. Here, the retail chain did not know that the creator had a copyright on the phrase and truly believed that it was a generic inspirational phrase which foundations are rooted in ancient sources. When informed about the creator's objection, it immediately acted to collect all the signs from the stores and ceased any infringing use. Thus, although a copyright infringement occurred, the retail chain acted as an innocent infringer and is therefore entitled to protection.