The case, Beit Shocken Publishing Ltd v Prof. Dan Laor et al., involved the biography of the 1966 Nobel laureate for Literature, Shmuel Agnon. The first biography was published in 1998; the second, a much shorter and more popular biography of the Nobel laureate, was published in 2006 for effectively a non-profit entity. The publisher of the first biography brought suit against the common author of the works, alleging copyright infringement.
"In the absence of these special circumstances, it seems that I would have been inclined to the view, on the basis of the duty of good faith, that the author of a biography or guidebooks is not permitted to write in parallel two biographies of the same person, or two guidebooks about the same country, for two competing publishers, even if the matter is not explicitly prohibited in the agreement."Stated otherwise, the default would seem be that a claim for "bad faith" would be appropriate, in the absence of special circumstances.