Copyright Act, Fair Use
Copyright Act, 5768-2007, s. 19 (Fair Use)
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- A general fair-use exception may cover using copyrighted text to train a machine-learning model, judged case by case against the four fair-use factors, but no text-and-data-mining-specific carve-out or opt-out mechanism exists to rely on instead.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Section 19 permits fair use of a work for purposes such as study, research, criticism, review, reporting, quotation and teaching, lists the factors for judging fairness, and lets the Minister prescribe conditions. It imposes no duty to create, keep, produce or review a log or record, and states no territorial clause.
- Kind
- None
- As of
What this law does
Section 19 permits fair use of a work for purposes such as private study, research, criticism, review, journalistic reporting, quotation, or instruction and examination by an educational institution, judged by the purpose and character of the use, the character of the work, the scope of the use relative to the whole, and the impact on the work's value and market.
A non-binding December 2022 opinion of the Ministry of Justice's Office of Legal Counsel and Legislative Affairs concluded that, subject to exceptions, using copyrighted works to train a machine-learning model is generally permitted as fair use, incidental use under section 22, or transient use under section 26, reasoning that building a training database fits the private-study and research purposes and constitutes transformative use; the opinion does not extend to a model's output or to training dominated by a narrow set of works, and it does not bind the courts.
Israel has not enacted a text-and-data-mining-specific opt-out mechanism, and no statute assigns legal weight to a robots.txt directive.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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