Copyrights and Wrongs – One Israel Newspaper Receives Damages for Acredited References to Another

As reported by Yona Jeremy Bob of the Jerusalem Post, here,  the Israel Central District Court recently awarded approximately NIS 6 million to Ma’ariv, holding that certain affiliates of The Marker, Haaretz’s business-focused publication, infringed Ma’ariv’s copyright by using some of Ma’ariv’s material on its website during the years 2000-2002.

Ma’ariv sued for 15 Million, so the damages received are less than those sought. Also, not all defendants were found liable. The issue relates to The Marker including a round-up of what other papers were saying, where Maariv as a paper was accredited, but the individual journalists were not identified.

Maariv won the case by noting that The Marker had argued similar infringements themselves, and thus were estopped from challenging the claim that such use is infringing.  Maariv claimed statutory damages of 2o000 NIS per infringement, but the courts ruled 10000 NIS per case.

We note that it is a well established principle that news facts are not copyright.  I am wondering whether brief excerpts accredited to the newspaper cannot be considered fair use?

We wait to see if The Marker appeals this. At the end of the day (pun intended – Maariv means evening) one would expect a fair amount of overlap in content of all Israel business papers.

In the meantime, you will note that I’ve carefully attributed the author of the article about this in the Jerusalem Post…

One Response to Copyrights and Wrongs – One Israel Newspaper Receives Damages for Acredited References to Another

  1. […] Israel newspaper receives damages for acredited references to another (The IP Factor) […]

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 283 other followers

%d bloggers like this: