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Hocus Focus Films, Israel,
specializes in providing comprehensive production services for foreign
production companies filming & shooting documentaries, fiction films,
TV dramas, still photography and commercials in Israel. |
PUBLIC
IMAGE and FILMING PERMITS
The right to privacy is one of the basic rights of citizenship and is expressed
in article 9 of the Israeli Civil Code. The rules of photographic and public
image copyright operate along the same lines. Every individual, no matter who
they are, holds exclusive and absolute rights over an image of him/herself and
its use.
When filming takes place in a train station, an airport, public park, etc..,
the director must obtain the prior permission of the persons present. On the
other hand, this procedure is generally considered unnecessary in certain circumstances
where there is presumed to be tacit agreement.
Such circumstances include:
Upon the release of these images, neither the commentary nor the credits should
in any way be detrimental of the individuals filmed.
Except in these two instances, it is essential to obtain the consent of the
person filmed, who must understand both the nature of the shot and its intended
subsequent use. This consent must, whenever possible, be obtained in writing
(Release Form) since proof of agreement, in case of a lawsuit, is the responsibility
of the producer.
AUTHOR'S
RIGHT
The legislative framework -
In Israel, authorship copyright is protected by the articles of the Code of
Intellectual Property, which contains the rules applicable to this area. According
to the article, "the author of an intellectual creation exercises exclusive
and absolute ownership over it, by virtue purely of having created it"
He is nevertheless entitled to relinquish these rights in whole or in part,
by sale, contract or legation, to another person or entity. The beneficiary
of such an action then becomes the legal rights holder.
Rights of the artist over objects photographed -
The objects ( e.g. sculptures, paintings, pieces of architecture) exhibited
or preserved in museums and certain public places (parks, gardens, ..etc.) do
not automatically belong to the public domain. Some are still protected by the
artist's copyright. As a result, any shots of art objects and their subsequent
use are subject to the consent of the artist or his legal successors.
It is advisable to consult the organization in charge of the preservation or
exhibition to obtain the address of the artist, his heirs or the union representing
them.
DURATION
OF COPYRIGHT
According to article L.121-1 of the Code of Intellectual Property, an artist
has the right to benefit from his/her creation during his/her lifetime. Upon
his/her death, this right is transferred to his/her heirs during the current
calendar year and the 70 years following. At the end of this period, the work
falls into the public domain.
