Copyrights & Fruitarians
by Robert Dorneanu
fruit·ar·i·an /ˌfro͞oˈterēən/ noun plural noun: fruitarians: a person who eats only fruit.
Congratulations! You decided to live a healthier life; work out, eat healthy food, you may even become a vegan. Better yet, you decide to go the whole yard and become a fruitarian. You’re eating ½ a watermelon for breakfast and enjoying 4 mangos for lunch, wrapping up the day with an 8-Banana smoothie with blueberries. Weeks go by. You feel amazing! Your skin is glowing, you feel energized and the people around you can’t stop complimenting your new figure and radiant skin, they’re asking you for tips and information on what you’re doing and then you begin to wonder – Why not share as much information on this incredible, life-changing, positive experience with the world? What better way than to start your own YouTube channel? Your plan is simple: Spread all your nutrition and exercise advice and perhaps maybe even become a successful YouTuber.
Life is good, you’re living a healthy, positive and profitable life, until a friend from your early days as a fruitarian, files a lawsuit and a temporary injunction against you. She claims you infringed her copyrights by copying the method she created for a healthy lifestyle. She seeks compensation in the sum of NIS 250,000 million (approximately US$ 70,000). Your dream life has now become a nightmare.
Our client, Sheer Lev, experienced just this and approached our office to represent her. Did she infringe her friend’s method? Can one own copyrights to a method designed to achieve a healthy way of life? Is it indeed a method if there is not written methodology?
Eran Soroker and Robert Dorneanu from our litigation team motioned the Tel Aviv District Court to dismiss the lawsuit and the temporary injunction.
The hearing took an unconventional turn when the Judge directly questioned the plaintiff as to what exactly her method included. The plaintiff did not hesitate and talked passionately about the benefits of a healthy way of life. The Judge asked why she thought there was a copyright infringement and the plaintiff answered that the defendant copied her method and therefore she deserves compensation. She further explained that her method included the use of “Coconut Shell Bottles” which are claimed to be healthier than regular plastic bottles. On this point, the Judge paused and googled the term “Coconut Shell Bottle”. He then turned to the plaintiff and shared his result of thousands of related products asking her if she is seriously claiming to own the rights to using “Coconut Shell Bottles”? The Plaintiff answered “yes” and desperately added further examples of techniques she had incorporated in her not-yet-revealed or recorded method, she mentioned that the defendant copied her Lemon-Mustard salad recipe as well as other random elements. The Judge was not impressed. He reiterated that the plaintiff did not own copyrights to living a healthy lifestyle. Not even to the use of lemon and mustard for salad!
The judge recommended the plaintiffs drop their case. The lawsuit was dismissed, and the client continues to share her experiences and live a healthy life. Take a look at her YouTube channel: https://www.youtube.com/channel/UCJsmF43aTT8DmXPlgSmCe3g
Civil Case 31125-07-15 Levi Lihi v. Shir Levi