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Performers' and Broadcasters' Rights Law, 5744-1984

חוק זכויות מבצעים ומשדרים, תשמ"ד-1984

Published: 1984-06-20Consolidated Hebrew text as of 2018-07-31 · Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Chapter I: Interpretation

Definitions§

1.

In this Law –

"performer" means a person who performs, whether by acting, singing, playing, dancing or in any other manner, a literary, artistic, dramatic or musical work;

"broadcaster" means a person who maintains, under lawful authorisation, radio or television broadcasts;

"performance" means a performance of a literary, artistic, dramatic or musical work by a performer;

"fixation" means the preservation of a performance or of a broadcast by any means in a manner that enables the performance or the broadcast to be seen, heard or reproduced;

"broadcast" means the transmission or distribution, whether by wire, wireless or any other means, of sounds or images, or a combination of sounds and images, to the public;

"re-broadcast" means a broadcast in which a person broadcasts another person's broadcast, made simultaneously with the other person's broadcast;

"reproduction" means the making of a copy of a fixation or of a substantial part thereof.

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Chapter II: Performers' and Broadcasters' Rights

Performer's Rights§

2.

A performer shall have the right that the acts set out below shall not be done except with the performer's consent:

(1)fixation;
(2)reproduction, unless both of the following conditions are met:
(a)the fixation was made with the consent of the performer;
(b)the reproduction was made for the same purpose for which the performer's consent was given;
(3)broadcasting of a performance, unless one of the following conditions is met:
(a)the performance is broadcast by the Israel Broadcasting Corporation or Galei Tzahal, it is made from a fixation or a reproduction thereof made with the consent of the performer, and there exists an agreement between the broadcaster and the person who made the fixation regarding the right to use the performance;
(b)the broadcast is a re-broadcast to which the original broadcaster consented;
(4)sale, lending, rental, distribution, importation or possession – for commercial purposes – of a fixation or a reproduction thereof, where the fixation or the reproduction was made without the consent of the performer.

Person Giving Consent§

3.

Consent for the purposes of section 2 shall be given:

(1)where the performer is a soloist or a single individual who is not part of a group – by the performer or by a representative authorised by the performer in writing;
(2)where the performer is a group – by a representative authorised in writing by the members of the group, and in the absence of such a representative – by a majority of the members of the group.

Royalties for Playing and Showing§

3a.
(a)A performer is entitled to a reasonable royalty for the playing or showing of the performer's performance.
(b)Royalties under subsection (a) shall be paid to a royalties organisation that represents the largest number of performers and holders of performers' rights (hereinafter – the representative royalties organisation).
(c)The representative royalties organisation shall transfer the royalties also to performers and holders of performers' rights who are not members thereof, in a manner to be prescribed by the Minister of Justice with the approval of the Constitution, Law and Justice Committee of the Knesset.

Exemptions from Consent§

4.

The provisions of section 2 shall not apply if the acts referred to therein constitute distribution or fair use, for the purpose of self-study or teaching not for profit, or for the purpose of research, criticism, review or journalistic summary.

Moral right§

4a.
(a)A performer has the right to have his name called in connection with every performance made by him and every fixation or reproduction thereof, to the extent and degree customary in the matter.
(b)A performer is entitled that no distortion, mutilation or other alteration, or any act that constitutes a derogation in relation to the performance, be made to a performance in which he took part or to a fixation or reproduction of such a performance, where such acts are likely to harm the honour or reputation of the performer.
(c)An infringement of a right under this section is a tort, and the provisions of the Civil Wrongs Ordinance [New Version] shall apply thereto.
(d)Notwithstanding the provisions of subsection (c), an act in respect of a performance or a fixation of a performance or a reproduction of a fixation of a performance, which infringes a right under subsection (b), does not constitute a tort if it is done in respect of a performance, fixation or reproduction as aforesaid that is not adequately accessible to a person with a disability on account of that disability, for the purpose of converting it into an adapted fixation, in accordance with the provisions of section 4c1(b).

Broadcaster's Rights§

4a1.

A broadcaster shall have the right that the acts set out below shall not be done except with the broadcaster's consent:

(1)fixation of the broadcaster's broadcasts;
(2)reproduction of fixations of the broadcaster's broadcasts;
(3)broadcasting of a fixation or a reproduction of a fixation of the broadcaster's broadcasts;
(4)sale, rental, distribution, importation or possession for commercial purposes of a fixation or a reproduction of a fixation of the broadcaster's broadcasts;
(5)re-broadcasting of the broadcaster's broadcasts, except for a re-broadcast that is required to be transmitted pursuant to the provisions of sections 6u(a) or 6aw(4) of the Communications Law (Telecommunications and Broadcasts), 5742-1982.

Defence§

4b.

The provisions of section 4a1 shall not apply to a broadcast made in the course of an infringement of copyright or of performers' rights.

Exemption from Consent§

4c.

The provisions of section 4a1(1) and (2) shall not apply if the acts referred to therein were done for private use or for fair use. In this section, "fair use" means reasonable use for the purpose of self-study or for the purpose of teaching not for remuneration, or for the purpose of research or criticism.

Adaptation of a Performance or Broadcast for a Person with a Disability§

4c1.
(a)In this section –

"person with a disability" – as defined in section 5 of the Equal Rights for Persons with Disabilities Law, 5758-1998;

"adapted fixation" – a fixation of a performance or a fixation of a broadcast, in a format adapted for use by a person with a disability.

(b)The provisions of sections 2 and 4a1 shall not apply to an act from among those enumerated therein that is done in a performance, a broadcast, a fixation of a performance or of a broadcast, or a reproduction of a fixation of a performance or of a broadcast, that is not suitably accessible to a person with a disability by reason of the disability, for the purpose of converting it into an adapted fixation, provided that the conditions under section 28a of the Copyright Law, 5768-2007, are met, with the necessary modifications.

Application of Provisions§

4d.

In Chapters III and IV, except in sections 6, 10, 11 and 12, wherever "performer" and "performance" are stated – "broadcaster" and "broadcast" are also implied.

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Chapter III: Remedies and Penalties

Civil Remedies§

5.

A performer whose right under this Law has been infringed shall have all the civil remedies conferred by any law upon a copyright holder whose right has been infringed, with the necessary modifications.

Penalties§

6.
(a)A person who does any of the following is liable to imprisonment of three years or a fine of seven times the fine referred to in section 61(a)(4) of the Penal Law, 5737-1977 (hereinafter – the Penal Law):
(1)makes an infringing copy of a performance for the purpose of trading in it;
(2)engages in the sale, rental or distribution of an infringing copy of a performance, or sells, rents or distributes infringing copies of a performance on a commercial scale.
(a1)A person who possesses an infringing copy of a performance for the purpose of trading in it is liable to imprisonment of one year or a fine of five times the fine referred to in section 61(a)(4) of the Penal Law.
(a2)In subsections (a) and (a1), "infringing copy" means a fixation of a performance or a reproduction of a fixation of a performance, made without the consent of the performer contrary to the provisions of sections 2 and 3, unless the making thereof was permitted under a provision of this Law or was made with the consent of another person who is entitled to give consent in accordance with the provisions of this Law.
(a3)
(1)The following are liable to imprisonment of six months or double the fine referred to in section 61(a)(3) of the Penal Law:
(a)a person who makes an infringing copy of a broadcast for the purpose of trading in it;
(b)a person who engages in the sale, rental or distribution of an infringing copy of a broadcast, or sells, rents or distributes infringing copies of a broadcast on a commercial scale.
(2)In this subsection, "infringing copy" means a fixation of a broadcast or a reproduction of a fixation of a broadcast, made without the consent of the broadcaster contrary to the provisions of section 4a1, unless the making thereof was permitted by law.
(a4)Where an offence under subsections (a), (a1) or (a3) was committed by a corporation, its liability is double the fine prescribed for the offence.
(b)A person who purports to give consent for the purposes of section 2 without having been authorised to do so, or in excess of the authorisation, is liable to a fine.

Liability of an Office Holder in a Corporation§

7.
(a)An office holder in a corporation is obliged to supervise and do everything possible to prevent the commission of an offence from among the offences set out in section 6 (hereinafter – offence) by the corporation or by any of its employees; if the office holder breached that duty, the office holder is liable to the fine referred to in section 61(a)(4) of the Penal Law.
(b)Where an offence was committed by a corporation or by any of its employees, it is presumed that the office holder breached the duty imposed under subsection (a), unless the office holder proved that everything possible was done to fulfil that duty.
(c)In this section, "office holder" means an active manager in a corporation, a partner, other than a limited partner, and an officer responsible on behalf of the corporation for the area in which the offence was committed.

Order of Seizure or Prohibition of Distribution§

8.

In addition to any other relief, the court may order the seizure or prohibition of distribution of a fixation or reproductions thereof; where the court orders seizure, it shall direct what is to be done with the fixation or the reproductions that have been seized.

Application of Seizure Order to Non-Parties§

9.
(a)A seizure order made under section 8 is effective against any person named in the order in whose possession a fixation or reproductions are found for the purpose of sale, rental, distribution or storage, even if that person was not a party to the proceedings (hereinafter – a non-party).
(b)The court may make a seizure order against a non-party conditional upon the giving of security to its satisfaction; if the court is satisfied, upon the application of a non-party, that the application for the order was not reasonable, the court may – after affording the parties concerned an opportunity to present their arguments – order the forfeiture of the security, in whole or in part, in favour of the person against whom the order was issued, by way of compensation for the damage caused to that person by the execution of the order.
(c)A seizure order that has been executed against a non-party expires at the end of thirty days from the day on which it was executed, unless before that time a criminal or civil action was brought against the non-party in respect of the infringement that served as the basis for issuing the order, or unless it was cancelled under subsection (e).
(d)A seizure order that has not been executed expires at the end of ninety days from the day on which it was made.
(e)A person against whom a seizure order has been executed under subsection (c) may, within thirty days from the day of execution, apply to the court that made the order to cancel or vary it; the court is empowered to extend this period if it finds that the circumstances of the case justify doing so.

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Chapter IV: Miscellaneous Provisions

Period of Performers' Rights [Amendment 5744-1984]§

10.

The provisions of this Law shall not apply to a performance after seventy years from the end of the year in which the original performance was performed.

Period of Broadcasters' Rights§

10a.

The provisions of this Law shall not apply to a broadcast after twenty-five years from the end of the year in which the original broadcast was made.

Performer Who is an Employee [Amendment 5744-1984]§

11.

Where the performer is employed as an employee and the performance was made in the course of and by reason of the performer's service with the employer, the rights conferred under this Law upon the performer shall vest in the employer during the first fifteen years of the period referred to in section 10, and in the performer during the remainder of the period, unless otherwise provided by agreement.

Performer Who is a Police Officer or Soldier [Amendment 5744-1984]§

12.
(a)In a performance made in the course of and by reason of the performer's service in the police or in the army, the provisions of section 11 shall apply as if the State were the employer of the performer, if the performer is one of the following:
(1)a police officer;
(2)a person belonging to the regular forces of the army;
(3)a person belonging to the reserve forces of the army – if the production of the performance was carried out by the army.
(b)Where a performance was made in the course of and by reason of the performer's reserve service, the State may broadcast and fix it without the consent of the performer.
(c)In this section –
(1)"a person belonging to the regular forces of the army" and "a person belonging to the reserve forces of the army" have the meaning they bear in the definition of "soldier" in section 1 of the Military Justice Law, 5715-1955;
(2)"reserve service" – as defined in the Reserve Service Law, 5768-2008.

Performance Outside Israel§

13.
(a)This Law shall not apply to a performance that took place outside Israel.
(b)Notwithstanding the provisions of subsection (a), the Minister of Justice may, with the approval of the Constitution, Law and Justice Committee of the Knesset, direct by Order that the provisions of this Law, in whole or in part, shall apply to performances that took place outside Israel, if so provided in an international convention to which Israel is a party, and also to performances that took place in a State that is a party to an international convention on the subject of rights protected under this Law to which Israel is a party.

Performance Prior to Commencement of Law§

14.

This Law shall not apply to a performance that took place before its commencement.

Savings Provisions§

15.

This Law comes to add to any law and not to derogate from it.

Freedom of Contract§

16.

Nothing in the provisions of this Law shall prejudice or derogate from terms under an agreement entered into before or after its commencement.

Applicability to the State§

17.

This Law shall apply to the State.

Commencement§

18.

This Law shall commence upon the expiry of thirty days from the date of its publication.

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LawCivil LawAdministrative Law

חוק זכויות מבצעים ומשדרים, תשמ"ד-1984

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