Intellectual Property Rights, Explicit Content, Public Policy And Everything In Between

On 7 August 2018 a magistrates' court in Israel issued a ruling discussing the question of whether relief ought to be granted to pornographic filmmakers claiming infringement of their rights. The ruling held that despite copyrights existing in pornographic films the court would not, for reasons of public policy, enforce these rights in a dispute between pornographic filmmakers and owners of websites that have links permitting viewing of these films. Though this ruling dealt with copyright law, it is consistent with similar caselaw with respect to trademarks, where trademarks which include profanity and which would harm public policy have been prescribed as impermissible.

The Copyright Law protects that which it defines as work and it does not require exceptional creativity or artistry for one to be afforded the right of protection. Nor does the law set down provisions as to the substantive value of the work afforded protection; indeed, the law has extended its