No. 71036 v Newspaper

Background information

A newspaper used several CC-licensed photos in an issue of the newspaper without proper attribution. The photographer contacted the newspaper about the omission, and the newspaper offered the photographer 400 Sheqels, which was the price they said they would have paid a photographer to take a similar photo. The photographer did not accept the offer and brought suit for copyright infringement.

Case summary

This case was decided by a private Rabbinical Tribunal. Thus, it is not an official Israeli court opinion. The court first asked the parties to come to an agreement, which they were not able to do. As a Rabbinical court, the court analyzed the case under both the Torah and the Israel Copyright Act. The court held that there is a religious or moral obligation to comply with the attribution terms of the CC licenses. The court found the Newspaper's settlement offer to be below the value of the benefit the Newspaper had received from using the photo and noted that the Israel copyright act provides for damages up to 100,000 Sheqel. The court found for the photographer and awarded a sum of 3,500 Sheqel.

Attribution Photograph