An author who jointly wrote a book with another author, discovered that her partner published the book and even sold it on the "Zomet Sfarim" books store chain without informing her, and while they were in the midst of negotiations between them regarding her approval for the publication of the joint book.
The Court accepted the claim and determined that the author's right to use a joint creation is limited. Although in the case of a joint work where it is not possible to distinguish the share of each partner in the work, the other partners should not be completely prevented from making use of the joint work (and in particular when the parties chose not to regulate their rights in an agreement), the right of each of the owners of the right to publish the work is limited, and he must use it in good faith and subject to the fact that the use does not detract from the right of his partners to make reasonable and similar use of the work, sharing of the profits by the partners and informing them in advance of the intention to use the joint work. This, in particular where the user knows that this right is in dispute between the parties. Here, this is a case where the publisher knew about his partner's disapproval of the publication (and even negotiated with her regarding this matter), but despite this, chose to publish the joint book without updating her or sharing the profits with her, and even in a different version than the one approved by her. Therefore, he acted in bad faith and infringed upon his partner's copyright.