What Happens When a Platform Fails to Protect Copyrights?
Imagine yourself as a creator of original Israeli content, whether a video or a web series, and you share it on TikTok. The reactions are positive, and you anticipate increased views and revenue. But suddenly, you discover that your content has been copied and distributed by others, and the platform does nothing to protect your rights. Quickly, your viral content loses its uniqueness, and your potential earnings evaporate. The platform claims it only hosts information, but in reality, it profits from ads displayed on your infringing content.
What Do Courts Actually Look At?
When courts examine cases of copyright infringement on digital platforms, they focus on whether the platform is a passive host or an active participant. If the platform uses algorithms to distribute or highlight content, it may be considered a participant in the infringement. Israeli law, like the Copyright Law, addresses cases where digital platforms benefit economically from infringing content. A platform may be held accountable if it hasn't taken reasonable steps to remove infringing content after receiving notice. Additionally, the response time for removal is crucial. Once the content has gone viral, the damage is done. Therefore, the time it takes for a platform to respond is critical in determining its liability.
When Is It Relevant — A Checklist
- ✓Are you creating original content and distributing it on social media?
- ✓Have you discovered that your creations are being distributed by others without permission?
- ✓Is the platform you're using ignoring repeated infringements?
- ✓Do you feel the platform profits from infringing content?
If you're concerned that your creation is being infringed upon, don't wait. Seek legal advice to protect your rights and prevent economic losses.
The Relevant Law: Copyright Law
The Copyright Law in Israel protects works from theft or unauthorized use. The law defines the exclusive rights of the creator and the obligations of distributors and digital platforms. If a platform benefits economically from infringements, it may be held liable. The law requires platforms to promptly remove infringing content after receiving official notice of infringement. If the platform doesn't act in time, it may be considered a participant in the infringement.
Questions Everyone Asks — But No One Asks the Lawyer
Real Situations — Which Side Are You On?
An original content creator who discovered their work was copied and distributed without permission — must act immediately. A musician whose musical clips are shared without credit on social media — should consult a lawyer. A photographer whose photos are sold without his consent on websites — should consider legal action.
What to Do Right Now
Ensure that all content you create is copyright-protected and document every contact with platforms in case of infringement. Do not sign agreements without reading and understanding all the terms. If you don't act in time, your creation might be stolen and go viral without you, and you'll lose significant earnings. Seek legal advice as soon as possible to protect your rights.