What started as an amusing TikTok trend is currently turning into a legal drama stirring up the web. Nir Krigel, the young 11-year-old creator behind the UAV Song, decided not to let unauthorized use of his work slide, and is managing – through his family and lawyers – a series of lawsuits and warning letters against small business owners who used the song for marketing exposure.
Among the defendants is Or German, a fitness trainer from Givatayim, against whom a lawsuit for NIS 100,000 was filed. German uploaded a "Reel" video to his Instagram account intended to invite trainees for Friday, and attached the viral sound to it from the application's media library. Beyond the music, use was also made of the sentence most identified with the hit: "What is that up there in the sky?".
"I thought someone was making fun of me, it seemed illogical to me," German said in an interview for Hatzinor on Reshet 13 about the moment he received the warning letter, which initially demanded NIS 25,000 and the immediate removal of the video. German removed the content and offered a settlement of NIS 3,000, but when this was rejected – the giant lawsuit was filed against him. "For me, this is an amount that could collapse me. I am not a criminal, I am a small business owner trying to survive in the State of Israel." His attorney, Adv. Guy Hershkovitz, called the lawsuit "exaggerated and inappropriate."
German is not the only one. It turns out that this is a system that harmed additional business owners. Alon Steuer, a studio owner, said that he received a similar letter for a complimentary post that included total of a written line from the song, without playing music at all: "This line actually originally belongs to the movie 'Superman.' I received a lawsuit for NIS 100,000 for a post that gained only 600 views." Another social manager reported that she was sued for an amount of NIS 50,000 due to an artificial intelligence (AI) video that gained only 300 views.
On the other hand, those close to the young creator clarify that the law does not distinguish by age or the degree of publicity of the artist. Adv. Ariel Dubinsky, representing Krigel, explained in an interview with IDF Radio: "It is easy to pounce on the child, but businesses used the song, made an advertisement, and sold their product in the background – any famous singer would sue."
According to Adv. Dubinsky, this is an original work whose production and distribution required an investment of tens of thousands of shekels. "Copyright is not intended only for large companies. Commercial use of another's work requires obtaining permission. Protecting copyright is not a struggle against small businesses, but a basic condition for an economy that encourages creation and innovation." The lawyer further noted that prior to turning to the courts, attempts were made to reach agreed arrangements, and some of the cases indeed ended in a settlement.
Abir Kara attacks: "A tool for extortion by threats"
One who did not remain indifferent to the storm is Abir Kara, one of the founders of the self-employed organization "I am Shulman," who came out with a harsh tweet against the phenomenon that is causing much outrage on social networks, especially in light of the fact that some of the defendants are reserve fighters.
"The courts in Israel have become a tool for extortion by threats in the hands of wicked lawyers and serial plaintiffs," Kara attacked. "In copyright, there is crazy lawlessness. If they want to deal with rights, it should be done against Instagram or TikTok that allow the use for free in their library, and not against an innocent business owner who fell into the net." Kara called on the courts to dismiss lawsuits of this type and rule heavy court costs against serial plaintiffs and their lawyers.