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ARTICLE · 28 APRIL 2017

Tale Of A Photograph And Whether Industry Practice Affects Attribution Rights

The author's right of attribution, namely that the work will bear a designation of the author's name, constitutes part of the author's moral right in the work.

IsraelIntellectual Property

The author's right of attribution, namely that the work will bear a designation of the author's name, constitutes part of the author's moral right in the work. Courts in recent years have deliberated on the question of whether the said right is absolute or may sometimes be ignored, depending on industry practice for each field. Indeed, for various advertisers/publishers, including newspapers, websites, advertising agencies and so on ,this question is one of great importance with respect to planning for the future.

A ruling recently handed down by a district court in Nazareth held that an author's right to have his name designated on its published work is an absolute right, noting that application of the right may vary depending on, among others, the scope and extent of the publication; in other words, proof of market practice and custom cannot veer from the author's moral right to attribution, but can at most affect the amount of damages awarded.

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