LawCivil Law
Copyright Law, 5768-2007
חוק זכות יוצרים, תשס"ח-2007
Published: 2007-11-25Consolidated Hebrew text as of 2026-08-02 · Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Chapter VIII-A: Disclosure of the Identity of a Person Performing an Act in Content on an Electronic Communications Network
Definitions – Chapter VIII-A§
60a.
In this Chapter –
"court" – District Court;
"computer" – as defined in the Computers Law, 5755-1995;
"information details" – including a technological datum that forms part of the communication protocol between computers, which assists in locating a computer or computer network by means of which content was made public on an electronic communications network.
Application for Disclosure of Identity§
60b.
A person who claims that copyright in a work belonging to the person has been infringed by means of an electronic communications network, and the identity of the person who performed the act the performance of which constitutes the infringement as aforesaid (in this Chapter – the performer of the act) is not known to that person, may apply to a court to order a person named in the application (in this Chapter – the respondent) to submit to the court information details in the respondent's possession regarding the performer of the act that are required for the purpose of ascertaining the identity of the performer of the act and instituting legal proceedings against the performer in respect of that infringement (in this Chapter – an application for disclosure of identity).
Order to Respondent to Submit Information Details Capable of Leading to Identification of the Performer of the Act§
60c.
(a)If the court is of the opinion that an application for disclosure of identity discloses a cause of action, is not vexatious or frivolous and was submitted in order to enable the applicant (in this Chapter – the applicant) to institute legal proceedings against the performer of the act, it may order the respondent to submit to the court information details in the respondent's possession that are capable of leading to the identification of the performer of the act.
(b)Where the court has made an order as referred to in subsection (a), the respondent shall submit to the court alone such information details as referred to in that subsection as are sufficient to lead to the identification of the performer of the act, and shall notify the court whether additional details as referred to in subsection (a) are known to the respondent and also whether the respondent is aware of an additional person in whose possession there are information details capable of leading to the identification of the performer of the act.
(c)Where the respondent has notified the court of additional details or of an additional person as referred to in subsection (b), the court may, if it considers that this is necessary for the purpose of identifying the performer of the act and after the parties have presented their arguments before it, order the submission of additional details or the submission of that person's particulars to the court, and may also order that person (in this subsection – an additional respondent) as referred to in subsection (a); where the court has so ordered, the provisions of subsection (b) shall apply to the additional respondent.
(d)The court may appoint an expert to assist it in ascertaining the identity of the performer of the act under the provisions of subsections (a) to (c) (in this Chapter – an expert); the applicant shall bear the expert's fee and the expenses involved in carrying out the ascertainment of the identity of the performer of the act, unless the court orders otherwise.
Service of the Application for Disclosure of Identity on the Performer of the Act and Receipt of the Performer's Position§
60d.
(a)If the court considers, on the basis of the information details submitted under the provisions of section 60c, that the identity of the performer of the act is known to it with a high degree of probability, it may, before giving a decision on the application for disclosure of identity, order that the application be served on the performer of the act; in making a decision under this subsection the court shall take into account, inter alia, all of the following:
(1)the degree of certainty as to the identity of the performer of the act;
(2)the extent of the harm to the rights of the performer of the act if the performer is not given an opportunity to present arguments before the decision on the application is given;
(3)the harm that may be caused to the applicant as a result of the service of the application on the performer of the act;
(4)the concern that disclosure of the identity of the performer of the act may be frustrated;
(5)whether the service of the application on the performer of the act is likely to cause a miscarriage of justice to either party to the proceedings.
(b)Where the court has decided, under the provisions of subsection (a), to order that the application be served on the performer of the act, the application shall be served on the performer as the court directs, without disclosing to the applicant the name of the performer of the act and any other particular that is capable of identifying the performer.
(c)The performer of the act may submit to the court, in writing, the performer's position regarding the application for disclosure of the performer's identity; the position of the performer of the act as aforesaid shall also be served on the applicant, without disclosing to the applicant the performer's name and any other particular that is capable of identifying the performer, unless the performer of the act has consented to their disclosure.
Court's Decision on Application for Disclosure of Identity§
60e.
(a)Where the court has decided not to order that the application for disclosure of identity be served on the performer of the act as referred to in section 60d(a), or where the performer of the act has not notified consent to the disclosure of the performer's identity under section 60d(c), the court shall decide on the application for disclosure of identity on the basis of the pleadings in the proceedings alone, and if it considers it necessary – after a hearing has been held on the application; however, the court shall not accept an objection by the performer of the act to the disclosure of the performer's identity if the court is satisfied that the applicant's right to argue against the objection as aforesaid, without disclosing the identity of the performer of the act, is prejudiced, inter alia, due to the absence of cross-examination.
(b)Where it has been proved to the satisfaction of the court, on the basis of prima facie evidence presented by the applicant, that there is a real concern that the performer of the act committed an infringement against the applicant, and that there is a reasonable possibility that a claim against the performer of the act in respect of that infringement will be decided in favour of the applicant, the court may order the submission to the applicant of information details regarding the performer of the act that are required by the applicant for the purpose of instituting legal proceedings against the performer, as the court shall direct.
Appointment of Additional Expert or Submission of Information Details to the Applicant§
60f.
If the court considers that the information details submitted under the provisions of section 60c (in this Section – the existing information details) are insufficient to identify the performer of the act with a high degree of probability, it may take one of the following steps:
(1)appoint an additional expert for the purpose of continuing the ascertainment of identity, as referred to in section 60c;
(2)order the submission of the existing information details to the applicant, in whole or in part, as it shall direct, provided that they are required for the purpose of ascertaining the identity of the performer of the act and that their submission to the applicant will not prejudice information that exceeds what is required in respect of a person's privacy, having regard to the extent of the harm to the applicant's rights and the severity of the infringement; the provisions of section 60e(b) shall apply to a decision under this paragraph; the court shall give a decision under this paragraph on the basis of the pleadings alone, and if it considers it necessary – after a hearing has been held on the application.
Prohibition on Use of Information about the Performer of the Act for Another Purpose§
60g.
A person who has received information about a performer of an act under the provisions of this Chapter shall not make use of it except for the purpose of ascertaining the identity of the performer of the act for the purpose of instituting legal proceedings against the performer in respect of an infringement, and for that purpose alone.
Procedure in an Application for Disclosure of Identity§
60h.
The Minister may prescribe provisions regarding procedure in an application for disclosure of identity.
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Contact Us →Chapter IX: Penalties
Offences§
61.
(a)A person shall not make an infringing copy of a work for the purpose of trading in it.
(b)A person shall not import into Israel an infringing copy of a work for the purpose of trading in it.
(c)A person shall not engage in the sale, rental or distribution of an infringing copy of a work.
(d)A person shall not sell, rent out or distribute infringing copies of a work on a commercial scale.
(e)A person shall not possess an infringing copy of a work for the purpose of trading in it.
(f)A person shall not manufacture or possess an article designed for making copies of a work, in order to commit an offence under subsection (a).
(g)A person shall not broadcast a work on a commercial scale, by way of trade, without the authorisation of the copyright owner, with the intention of deriving profit from engaging in broadcasting as aforesaid, in a manner that constitutes an infringement of the copyright in broadcasting as referred to in section 11(4).
(h)A person shall not make a work available to the public on a commercial scale, by way of trade, without the authorisation of the copyright owner, with the intention of deriving profit from engaging in making the work available to the public as aforesaid, in a manner that constitutes an infringement of the copyright in making available to the public as referred to in section 11(5).
Penalties§
62.
(a)A person who does any of the following is liable to imprisonment for five years or a fine of ten times the fine prescribed in section 61(a)(4) of the Penal Law, 5737-1977 (hereinafter – the Penal Law):
(1)makes an infringing copy of a work for the purpose of trading in it;
(2)imports into Israel an infringing copy of a work for the purpose of trading in it.
(b)A person who does any of the following is liable to imprisonment for three years or a fine of seven times the fine prescribed in section 61(a)(4) of the Penal Law:
(1)engages in the sale, rental or distribution of an infringing copy of a work;
(2)sells, rents out or distributes infringing copies of a work on a commercial scale;
(3)possesses an infringing copy of a work for the purpose of trading in it;
(4)broadcasts a work as referred to in section 61(g);
(5)makes a work available to the public as referred to in section 61(h).
(c)A person who manufactures or possesses an article designed for making copies of a work in order to commit an offence under subsection (a)(1) is liable to imprisonment for one year or double the fine prescribed in section 61(a)(4) of the Penal Law.
(d)Where an offence under this Section is committed by a corporation, it is liable to double the fine prescribed for that offence.
Liability of an Office Holder in a Corporation§
63.
(a)An office holder in a corporation is obliged to supervise and to do everything possible to prevent an offence from among the offences listed in section 61 (in this Section – an offence) being committed by the corporation or by any of its employees; if the office holder has breached that duty, the office holder is liable to the fine prescribed in section 61(a)(4) of the Penal Law.
(b)Where an offence has been committed by a corporation or by any of its employees, it shall be presumed that the office holder breached the duty under subsection (a), unless the office holder proves that the office holder did everything possible to fulfil that duty.
(c)In this Section, "office holder" means an active manager in a corporation, a partner, excluding a limited partner, and an officer who is responsible on behalf of the corporation for the field in which the offence was committed.
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Contact Us →Chapter X: Miscellaneous Provisions
Presumptions§
64.
The following presumptions shall apply in any legal proceeding, civil or criminal, concerning an infringement of a copyright or a moral right, unless the contrary is proved:
(1)where the name of a person appears on a work in the customary manner as the author of the work, it shall be presumed that that person is the author of the work; the presumption referred to in this paragraph shall also apply in respect of a person's pseudonym, provided that the identity of the holder of the pseudonym is publicly known;
(2)where the name of a person does not appear on a work as the author of the work and the author thereof is not publicly known, or where the pseudonym of a person whose identity is not publicly known appears on the work, it shall be presumed that the person whose name appears on the work in the customary manner as the publisher of the work is the copyright owner therein;
(3)where the name of a person appears on a cinematographic work in the customary manner as the producer of the work, it shall be presumed that that person is the producer of the work;
(4)where the name of a person appears on a sound recording in the customary manner as the producer of the sound recording, it shall be presumed that that person is the copyright owner in the sound recording; the presumption referred to in this paragraph shall also apply in respect of a person's pseudonym, provided that the identity of the holder of the pseudonym is publicly known, and it shall not apply as between parties claiming copyright in the sound recording.
Detention by Customs§
65.
(a)The copyright owner in a work whose right has been infringed or in respect of which there is a reasonable concern that it will be infringed may submit to the Customs Director a written notice that the owner is the copyright owner in the work, and request that the Director detain the release of goods which the owner alleges to be infringing copies of the work, and treat them as goods whose importation is prohibited under the Customs Ordinance.
(b)The notice under subsection (a) shall include one of the following:
(1)a sample of a non-infringing copy of the work in which the applicant holds copyright and in respect of which the applicant gives notice of the importation of infringing copies;
(2)a catalogue or any other document enabling the Customs Director to compare the work with the infringing copies.
(c)The copyright owner shall provide the Customs Director, in the notice, with the following particulars, to the extent known to the owner:
(1)the number of packages expected to be received;
(2)sufficient identification of the means of importation or the name of the vessel by which the infringing copies are being brought;
(3)the date on which the infringing copies are expected to arrive in Israel.
(d)The copyright owner shall furnish the Customs Director with prima facie evidence, as well as a personal guarantee in an amount determined by the Customs Director, in order to cover any expense connected with the detention or to compensate for any harm caused by the detention if it transpires that the detention was not justified, and also to pay any fee prescribed in this regard under the Customs Ordinance.
(e)The provisions of this Section shall not apply to infringing copies imported for personal use as defined in section 129 of the Customs Ordinance.
(f)In this Section, "Customs Director" means the Director as defined in the Customs Ordinance.
Application to the State§
66.
This Law shall apply also to the State.
Implementation and Regulations§
67.
(a)The Minister is responsible for the implementation of the provisions of this Law and may make Regulations for its implementation.
(b)Regulations under sections 17, 29, 30(a) and (b), 31 and 56a(c) shall be made with the consent of the following:
(1)in respect of educational institutions – the Minister of Education;
(2)in respect of libraries – the Minister responsible for the Public Libraries Law, 5735-1975, and the Minister of Education;
(3)in respect of archives – the Minister responsible for the Archives Law, 5715-1955;
(4)in respect of museums – the Minister responsible for the Museums Law, 5743-1983.
(c)Regulations and Orders under sections 7, 9, 17, 19, 30(c), 31 and 56(d) shall be made with the approval of the Economics Committee of the Knesset.
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