Israel Post is a Hebrew Language free paper distributed via supermarkets and the like. It is published by Jerusalem Post Publication Media LTD who publish the Jerusalem Post, an established Israel daily newspaper in the English language.
Ariel Yeruzolimsky was a photographer that was employed by the Jerusalem Post over 11 year period up until 2010. The work contracted established that the Jerusalem Post owned the pictures. On 32 occasions, his photographs were printed in the Israel Post. Due to the work contract, there was no case of copyright infringement. However, the pictures were accredited to a different photographer and Yeruzolimsky claimed 32 statutory awards of 10,000 Shekels in statutory moral damages, arguing that each and every photograph published was a separate infringement, a further 200,000 shekels for damages to his reputation and 150,000 Shekels for suffering caused, but the fee paid entitled him to a maximum total of 420,000 Shekels.
Judge Michael Tamir of the Tel Aviv-Jaffa Magistrate’s Court accepted that each and every photograph published was a separate infringement but ruled that in the circumstances, and where the same photograph was used more than once, there was no justification to award maximum statutory damages.
The judge noted that the photographer had requested accreditation over and over again, but the Post continued to publish his photographs without proper accreditation. On the other hand, he considered the photographs fairly run of the mill images that were not of major historical significance ,lacking in particular artistic merit and which had not endangered the photographer’s life to obtain. He dismissed the defence of an unintentional mistake made without inequitable beahviour, and also the newspaper’s rights to publish the news, noting that the paper was aware that there was copyright in the photographs, and should have correctly attributed the pictures. The error was an unintentional mistake, but it was avoidable had the Jerusalem Post taken its obligations seriously. However, the judge did not consider that the photographer was actually harmed by the publication of his photos. Nor did he believe that the photos had resulted in a profit to the Post, i.e. had helped sell papers. He noted that the law gave him wide latitude in ruling damages. He awarded 77,500 Shekels in statutory damages, a further 10,000 Shekels for the suffering caused, 3000 Shekels in legal expenses and 12,500 Shekels for legal costs.
T.A. 19977-03-11 Tel Aviv Magistrate’s Court: Ariel Yeruzolimsky vs. Jerusalem Post Publication Media LTD. by Michael Tamir, 20 January 2014.