An audiovisual work is an asset. It is not a tangible asset that can be seen or touched, but rather intellectual property which may generate prospective long term financial gain. In other words, like the owner of an apartment, authors and directors of audiovisual works have a proprietary right, which is the exclusive right to use their work, unless they have allowed (licensed) others to do so.
The audiovisual work has many usages that are increasingly growing and changing at the pace of technological progress. It can be broadcast, copied, shared, screened in public venues, uploaded to VOD libraries, etc. Copyrights are an amalgam of rights, four of which pertain to receipt of royalty payments for the work – broadcasting right ,the right to make available to the public, public performance right and rental right.
Broadcasting right: the right to transmit the work via wired or wireless means.
The right to make available to the public: The right to keep the work in a specific place, to which the public is invited to watch it at a chosen time.
Public performance rights: the right to present the work to an audience.
Rental rights: the right to rent a physical copy of the work (like a CD); a right decreasingly used due to technological changes.
The ownership of Intellectual property can also be transferred, just like selling an apartment. Thus, for example, bodies that finance the production of the work – usually broadcasters or producers – demand the copyrights, so they can commercialize the work, return their investment and enjoy financial success.
How can creators still manage to retain their rights of the work and share the bounties of success? It is important to understand that Israeli legislation does not expressly specify the rights to royalties, and this right stems from copyright protection of the work. In other words: if you haven’t protected your copyrights with a legally binding agreement that is accepted by all relevant parties, you are not entitled to royalties for your work!
To facilitate and simplify the process of copyright protection and royalty collection for the various usages of audiovisual works, as well as to make it clear, accessible and easy to implement, TALI invested years into a public campaign, as well as into finding a legal solution in the form of a copyright clause. TALI’s solution is known as the ,TALI Clause, – the same clause that screenwriters and directors must insert in all contractual transactions which is the necessary foundation for protecting copyrights and transferring them to TALI for the purpose of collection and distribution of royalties – from the day your creation is born and till the day you die, and for 70 years post death – to your heirs.
Furthermore,copyright protection and transfer of rights to TALI– which represents the majority of screenwriters and directors in Israel – slightly balances the disproportionate power distribution between the “lone creator” to other “players” in the media market – bodies with means, clout and standing, some of which are strong monopolies. TALI negotiates with these users of the works the rate of licensing fees.
The goal of this page is to inform TALI members about the common legal state. None of the above is a guideline or recommendation given by TALI and each member shall make his or her decision according to the circumstances and considerations.