Protection of Computer Software
2A. For purposes of copyright, computer software shall be treated like a literary work,
within the meaning of that term in the Copyright Law, 1911.
Offenses
3.—(1) If a person knowingly does one of the following, then he shall be liable to three
years imprisonment and to a fine seven times the fine prescribed in section 61(a)(4) of the
Penal Law 5737—1977:
(a) he makes an infringing copy of a work subject to copyright in order to sell or rent it;
(b) he sells, or rents, or displays or offers for sale or rent in a commercial manner
makes for sale or hire an infringing copy of such a work;
(c) he distributes infringing copies of such a work for business purposes or to an extent
damaging to the owner of the copyright;
(d) he publicly exhibits for commercial purposes infringing copies of such a work;
(e) imports to Israel for sale or rental any infringing copy of such work;
(f) makes or has in his possession any plate for the purpose of making infringing copies
of any work in which copyright subsists or—for purposes of personal gain—causes the public
presentation of any work under copyright without the consent of the owner of the copyright.
(2) Repealed
(3) The Court before which such proceedings are held may, whether the alleged
offender is convicted or not, order that all copies of the work and all plates in the possession
of the alleged offender, which the Court finds to be infringing copies, be destroyed or
delivered to the owner of the copyright or otherwise dealt with, as the Court shall order.
(4) A criminal action under this section shall first be brought in a Magistrate’s Court.
(5) The provisions of article 241 of the Ottoman Penal Law shall not apply to any
matter to which this section applies.
(6) Nothing in this section shall prejudice the right of the owner of a copyright to use
any means which the Law gives him—either by way of civil action for damages or in any
other manner—for the infringement of a copyright.
Compensation Without Proof of Damage
3A. If the damage caused by a copyright infringement has not been proven, then the
Court may, on the application of the plaintiff, award in respect of every infringement
compensation in an amount of not less than NS 10,000 and not more than NS 20,000; the
Minister of Justice may, with the approval of the Knesset Constitution, Legislation and Justice
Committee, change the said amounts.
Definitions
3B. In sections 3C to 3F—
“copyright”—within its meaning in section 1(2) of the Copyright Law 1911;
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Copyright, Ordinance (Consolidation), 15/06/1924
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