A malfunction in a drone belonging to a press photographer, who had arrived to cover the clock repair at the Jaffa Clock Tower, forced him to seek the assistance of a repair company employee to execute the shot. Consequently, the company and the employee sought recognition as the copyright holders of the photograph.
The Court dismissed the claim, finding that the copyright is vested in the newspaper. The Israeli Copyright Law grants protection to a photograph as an "artistic work," subject to two cumulative conditions: the fixation requirement (physical or digital recording) and the originality requirement, which reflects a minimal threshold of investment and creativity embodying the creator's "personal touch” Initial ownership belongs to the creator who substantially designed the work, rather than a technical executor who acted without independent discretion, unless otherwise agreed. In a work created by an employee for the purpose of and during the course of their employment, the employer is the first owner of the copyright, unless otherwise agreed. In the present case, the staff photographer was the one who determined the composition, angle, and framing of the shot, while the employee's action was purely technical, performed as a gesture following the equipment failure, and lacked any artistic discretion. Therefore, as the photographer acted as an employee of the newspaper, the rights remain with the newspaper.