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.
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.
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.
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.