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Israeli Copyright Law - A Positive Economic Perspective

57 Pages Posted: 6 Feb 2007  

Guy Pessach

Hebrew University of Jerusalem - Faculty of Law; Yale University Law School - Affiliate Fellow, Information Society Project

Abstract

The purpose of this Article is to critically analyze and examine positive Israeli copyright law under the paradigm of law and economics. The Article reviews several central and influential decisions of Israeli Supreme Court in the area of copyright law. It then analyzes these decisions in a manner that critically evaluates the reflections and impacts of the law and economics school on positive Israeli copyright law. Within this framework, the Article focuses on a selected number of cases and topics, including the Israeli Supreme Court's interpretation and application of the originality requirement and the fair use exemption. As the discussion in the Article indicates, several important decisions of the Israeli Supreme Court have indeed applied, either explicitly or implicitly, utilitarian considerations while implementing economic analysis as a focal of Israeli copyright law. One interesting observation that arises from our survey is that at least in some cases, there is no correlation between a declaratory judicial implementation of economic considerations and the desirability of the court's decision in terms of its efficiency. In several cases, while the Supreme Court applied economic considerations as its proclaimed normative compass, the outcomes of the court's decisions seem inefficient; whereas in other cases in which courts applied non-economic theories as their corner stone (while neglecting emphasize on economic considerations) the results were found to be economically efficient.

Suggested Citation

Pessach, Guy, Israeli Copyright Law - A Positive Economic Perspective. International Law Forum of the Hebrew University of Jerusalem Law Faculty Research Paper. Available at SSRN: https://ssrn.com/abstract=961331 or http://dx.doi.org/10.2139/ssrn.961331

Guy Pessach (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus, 91905
Israel

Yale University Law School - Affiliate Fellow, Information Society Project ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

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