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After attacking ACUM in the article, Amir Benyon lost it in a defamation lawsuit
First publication: Amir Benyon and Assaf Etadegi lost in the defamation lawsuit filed against them by ACUM, after News 2 accused her and her management of criminal acts and improper use of the creators' money. If he wants to be appointed as an arbitrator in the association
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Amir Benayoun
Assaf Etadegi
ACUM
Copyright
Sagi Ben Nun
Wednesday, 25 November 2020, 08:50
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PR - one-time
First publication: Musician Amir Benyon and composer Assaf Etadegi lost to ACUM in a defamation lawsuit filed by the association against them. Worth the money of the creators for the benefit of the management and their associates.
He ruled that their remarks about ACUM were defamatory. The judge ordered Benyon and Atadegi to bear the expenses of ACUM, including a fee of NIS 35,000, and to publish an ad in two daily newspapers about the arbitration award.
The lawsuit was filed by ACUM following an article by Jonathan Rieger that aired on December 11, 2016 in News 2, and dealt with the struggle of ACUM members, including Benyon and Etadegi, against the association.
They have argued that the royalties to which they are entitled do not reach them and are not properly managed.
Etadegi and Benyon claimed in the article that the "big money" remained with the ACUM management and with a limited number of creators whose management decides who they are. Benyon said in the article: "A lot of people have reached water to the soul.
It remains simple to follow the path of the law to the end (...) and whoever has to sit in jail - will go to sit in jail. "Etadegi said in the article:" Someone there is misbehaving within our finances, and someone needs to check it in depth.
In my opinion, very difficult things are happening there, time will prove it. "ACUM claimed that the publication in News 2 was defamatory, and that it was" a very false and defamatory publication. "
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PR Eldad Refaeli
An article in News 2 stated that "in recent days" Benyon and Etadegi filed a complaint with the Be'er Sheva police against the ACUM management alleging fraud. The ruling states that the complaint was filed on November 22, 2016, and contrary to News 2, Adv. Of Amir Benyon and his lawyer and of Etadegi in arbitration with ACUM, and it was not stated that the move was made in the name of Amir Benyon and Assaf Etadegi. In addition, the article in News 2 did not state that Additional research. judge Zilbertal states that advertising complaints with the police is a "half-truth". "Dropping the second half of the truth (the closure of the complaint and the decision not to reinvestigate) denies ettedgui and Mbnion the defense of truth in advertising."
ettedgui and Benayoun claimed in defense that the things said in the news 2 They are not defamatory, and that they "fulfilled their moral, social duty, defended their personal interest and that of the authors in the State of Israel." , Without obtaining the permission of the authors and without distributing to them their share of the revenue.
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Assaf Etadegi (Photo: Nir Peking)
The defense further claims that ACUM used the copyright of its members "for the purpose of expanding its business activities to various areas of copyright management" such as real estate, while the income from this activity is not reflected in the royalty reports. It also claimed that it worked the copyright of its members " "To the banks and third parties in order to receive tens of millions of shekels in complete violation of the Antitrust Commissioner's instructions and in complete violation of the law and not with the knowledge or consent of the creators." ACUM denied this, and the judge rejected Etadegi and Benyon's claims.
Judge Zilbertl accepted the ACUM position that the two's allegations in the News 2 article were defamatory. He ruled that Etadegi and Benyon "did not bring any evidence to prove that there was truth in the publication that the 'big money' remained in the hands of management and a small group of authors.
By the way, that is enough to justify accepting the claim!
It is a defamation for all intents and purposes, and when it is said in conjunction with the determination that the members of ACUM must be punished with imprisonment, that is, that it is a criminal act, we are facing clear defamation that is not protected by truth in publication.
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ACUM Chairman Iorek Ben David (Photo: Berni Ardov)
However, the judge notes that “I do not purport to express an opinion as to the justification or unjustity of the stubborn and protracted struggle of Etadegi and Benyon in the ACUM.
I am prepared to assume in favor of Etadegi and Benyon that this struggle expresses a deep and ingrained recognition on their part that they and their fellow creators are harmed or harmed as a result of ACUM's actions or omissions. As sharp as it is, as long as it does not exceed the limits of the law. "
Judge Zilbertl also criticized the ACUM's puzzling conduct. He said that at the end of August, before the parties' full summaries were submitted, "Adv. Nahum Gavrieli contacted me on behalf of the plaintiff and asked if I would be willing to be an arbitrator in the four-year dispute This request was made in the knowledge that the arbitration is clear to me and that the proceedings in it have not yet been completed. "
The judge noted that this ACUM appeal to him "was not appropriate, to say the least, and this move should be greatly regretted."
Amir Benyon (Photo: Eldad Refaeli)
ACUM first demanded NIS 138,000 in compensation in the lawsuit from Benyon and Etadegi, by publishing a correction and denial of their claims and by removing the article from wherever they published it. .
The judge obliged the defendants to publish at their expense a notice in two daily newspapers informing the public of the results of the arbitration, in the form determined by the judge, in which they will write that their ruling in News 2 was defamatory of ACUM and that there was no need to publish a complaint to the police Against ACUM for fraud without stating that the complaint was closed.
Assaf Etadegi declined to comment.
Amir Benyon's response has not yet been received.
ACUM responded: "We are a home for creators and have always taken care to protect their rights.
We have no interest in conducting the Etadegi and Benyon case in front of the media, as far as we are concerned, we did it quietly, in an internal arbitration procedure before a judge who had his say. "
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