The applicant was employed by an Israeli Newspaper as a journalist. The Newspaper was giving copies of his articles to a company which operates a news website. The applicant claimed he owned the copyrights in his articles. This was claimed in accordance with the Israeli Copyrights Ordinance, Article 5(1) (b) that states that in the absence of an agreement between the author and his employer, the author reserves the right to prevent the publication of the article in a media which is not a newspaper, magazine or periodical. The District court, in an appeal and as opposed to the opinion of the magistrates’ court, ruled that the right granted by the Ordinance is not a mere declarative right to veto the publication his articles, but a copyright. It was held that publication on a website is not equal to a publication within a newspaper, magazine or periodical and hence the publication of the articles in it without an express approval of the author are prohibited.
Kaufman vs. Walla
Appelfeld Zer Fisher