Israeli Small Businesses Fight Copyright Claims Over Popular 'Drone Song' Phrase
An Israeli small business owner sued for copyright infringement over the phrase "What’s that in the sky?" from the popular "Drone Song" has decided to challenge the claims. Recently, many small businesses received warning letters and lawsuits demanding hundreds of thousands of shekels in compensation, all alleging copyright violations by the 11-year-old creator Nir Krigel, whose song gained popularity during Operation Guardian of the Walls.
Dror Manor, attorney for the surrogacy company Tal HaChaim, approached the studios behind the Superman film and its subsidiary DC Comics, arguing that the phrase "Is it a bird? Is it a plane?" belongs to the Superman creators, not Krigel. Manor said, "We wanted to alert them that someone is commercializing this phrase in Israel and claiming ownership. If they intervene, it will be clear no one can demand money for a phrase they do not own." He urged Krigel’s family to drop the lawsuits, citing U.S. precedents allowing use of Superman phrases unless commercialized without ownership.
Copyright expert Il Price from Goldfarb Gross Zeligman explained that while lyrics and music are protected separately, Israeli courts recognize infringement if a significant part of a work is taken. Price noted attempts to pressure Krigel by redirecting lawsuits to him, and that the involvement of Superman’s rights holders could complicate matters. Even if DC Comics sues, the case could drag on for years without a clear ruling, allowing Krigel to continue his claims in the meantime.
Price also highlighted that even if the phrase’s copyright is owned by Superman, businesses might still face claims over the song’s sound rights. There is an ongoing dispute within ACUM (Israeli copyright society) over the song’s melody rights between producer Dan Peled and Krigel’s family, which could affect permissions for business use. Peled claims 50% of the rights and opposes Krigel’s exclusive claims, suggesting businesses might have authorization to use the sound.
No response was received from Nir Krigel’s representatives. The controversy raises questions about copyright enforcement on popular cultural phrases and the impact on small Israeli businesses amid ongoing legal battles.
