11-Year-Old Creator Sues Fitness Coach for Unauthorized Use of Viral Song in Instagram Ad

Nir Krigel, the 11-year-old creator of the popular "UFO Song" that gained fame during Operation Guardian of the Walls, is suing fitness coach Or German from Givatayim for 100,000 shekels. The lawsuit alleges that German used Krigel's song and its distinctive phrase "What Is That Up in the Sky?" without permission in a promotional video posted on his Instagram page. The claim states that the use was commercial, aimed at promoting German's business and attracting public attention, constituting copyright infringement due to unauthorized use and lack of credit.

German removed the video after the complaint, but Krigel demands compensation for the violation itself. Krigel has filed several similar lawsuits over copyright infringements, some of which have been settled. Legal experts highlight the distinction between private and commercial use of copyrighted material, emphasizing that commercial use without permission is a clear violation. They also note that copyright infringement does not require intent, and defenses like "innocent infringement" are rarely successful.

While many rights holders do not pursue unauthorized online uses due to lack of awareness or resources, this does not imply permission. Social media platforms have varying rules regarding music use, with some having licenses for non-commercial personal use but not for business promotion. Krigel's attorney stated that significant investment was made in the creation and that attempts to resolve the matter out of court failed, stressing that copyright protections apply to all creators, not just famous artists or large companies.

German's lawyer expressed regret that a mutual agreement was not reached, highlighting German's responsibility and desire to prevent similar unauthorized uses in good faith. The case underscores ongoing challenges in balancing copyright enforcement and social media content use in Israel.