Derivative Works in Israel Law

I note that some readers have difficulty with my position regarding minor plagiarism not being copyright infringement. To explain a little clearer, I am providing the legal analysis (based on the new law, but the old law is similar):

The Israel Copyright Law 2007 defines the right of the copyright owner in Section 11.

The right is a monopolistic right to use the work or a significant part of it.

In Section 11(6) one type of use that is reserved to the owner is the right to create derivative works as defined in section 16.

In section 16, a derivative work is an original creation substantively based on another work, for example a translation or reworking.

I don’t believe that a two page conversation within one book is a substantial part of that book. I don’t believe that reworking that conversation and using it in a totally different book in which it is less than 1% makes the second book substantially derived from the first book. Therefore, I don’t consider Naomi Regan’s book a derivative work based on Shapiro’s book.

This is the reason why I consider Judge Shapira’s ruling wrong.

The case: 9430/07 Sarah Shapiro vs. Naomi Ragen, by Judge Yosef Shapira, Jerusalem District Court 11 December 2011

For more analysis of the Ragen – Shapiro case see here.

 

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