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Intellectual & Digital Property: Difference between revisions
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* Similarly, Rabbi Hershel Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/788264/Rabbi_Hershel_Schachter/Copyright_Law shiur on yutorah.org, titled Copyright Law] explained that since intellectual property isn't tangible there's the inventor or author doesn't own it Biblically. However, there is a rabbinic ownership on it since he did create it similar to someone who plants an ownerless tree is considered an owner rabbinically. If the owner is selling the product then the rabbinic ownership of the intellectual property allows the author the rights to his product and taking them without paying is stealing. However, if the rabbinic ownership doesn't give him exclusive rights to the intellectual property. That is, if he has no intention to sell them then there is no right just to hold onto them. Therefore, if a person is a potential buyer it is forbidden to violate a copyright. However, if the author doesn't have any copies to sell or the person isn't a potential customer the author has no right to restrict him copying the intellectual property for personal use. | * Similarly, Rabbi Hershel Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/788264/Rabbi_Hershel_Schachter/Copyright_Law shiur on yutorah.org, titled Copyright Law] explained that since intellectual property isn't tangible there's the inventor or author doesn't own it Biblically. However, there is a rabbinic ownership on it since he did create it similar to someone who plants an ownerless tree is considered an owner rabbinically. If the owner is selling the product then the rabbinic ownership of the intellectual property allows the author the rights to his product and taking them without paying is stealing. However, if the rabbinic ownership doesn't give him exclusive rights to the intellectual property. That is, if he has no intention to sell them then there is no right just to hold onto them. Therefore, if a person is a potential buyer it is forbidden to violate a copyright. However, if the author doesn't have any copies to sell or the person isn't a potential customer the author has no right to restrict him copying the intellectual property for personal use. | ||
* Mishnat Yehoshua p. 157-8 argues that everyone can agree that copying a small portion of a book for a source sheet or the like is permitted since the authors don't care if you do that. Even though the copyrights explicitly state that no portion of the book can be copied that is merely an exxegration because they don't want someone to take advantage and copy a large portion. However, they wouldn't be makpid on a tiny portion. Even if someone is in fact makpid he has knowledge that it is going to happen anyway since it is the universal practice and they wouldn't want to cause others to be sinning. In truth this isn’t agreed upon as the Sharaga Hameir and Practical Laws of Money point out that some forbid copying even one page of a book.</ref> | * Mishnat Yehoshua p. 157-8 argues that everyone can agree that copying a small portion of a book for a source sheet or the like is permitted since the authors don't care if you do that. Even though the copyrights explicitly state that no portion of the book can be copied that is merely an exxegration because they don't want someone to take advantage and copy a large portion. However, they wouldn't be makpid on a tiny portion. Even if someone is in fact makpid he has knowledge that it is going to happen anyway since it is the universal practice and they wouldn't want to cause others to be sinning. In truth this isn’t agreed upon as the Sharaga Hameir and Practical Laws of Money point out that some forbid copying even one page of a book.</ref> | ||
## There are some poskim who are more inclined to allow copying small selections for personal or educational purposes if the material is Torah.<ref>Mordechai (Bava Metsia n. 293) writes that one may not copy from a sefer torah that one is watching. However, a talmid chacham who doesn’t have another sefer can do so. He suggests two reasons for this: (1) The owner knew that the talmid chacham would copy it if he didn’t have another sefer and he gave it with that understanding. (2) Even if he does care, it is permitted since is for the purpose of learning Torah. This is based on Mishlei 6:35 and Tosefta Bava Kama 7:13. | ## There are some poskim who are more inclined to allow copying small selections for personal or educational purposes if the material is Torah.<ref>Mordechai (Bava Metsia n. 293) writes that one may not copy from a sefer torah that one is watching. However, a talmid chacham who doesn’t have another sefer can do so. He suggests two reasons for this: (1) The owner knew that the talmid chacham would copy it if he didn’t have another sefer and he gave it with that understanding. (2) Even if he does care, it is permitted since is for the purpose of learning Torah. This is based on Mishlei 6:35 and Tosefta Bava Kama 7:13. The Rama 292:20 codifies the Mordechai. The Sama 292:45 sides with the first reason but if the owner didn’t allow it it would be forbidden. This is also implied by the Rama 292:20. The Shach 292:35 and Gra 292:46 stand by both reasons of the Mordechai based on the pasuk in Mishlei 6:30 it is sometimes permitted to “steal” in order to learn. [See however, Rif in teshuva 133 writes that stealing a sefer to copy it is stealing and learning from it is a mitzvah haba baveirah.] | ||
* Bet Yitzchak YD 2:75 suggests that the reason it is permitted to copy the sefer even against the will of the owner is because of ''kofin al midat sedom''. However, this seems to be contradicted by the poskim who hold that we do not do ''kofin al midat sedom'' to force someone else to allow them to use their property (Rama CM 363:6). See the Rif responsa 34 writes that it is forbidden to copy from a stolen sefer. Rashba responsa 6:286 quotes this. Mishnat Yehoshua p. 132 writes that this isn't a contradiction to the Mordechai since here one stole a tangible item. | * Bet Yitzchak YD 2:75 suggests that the reason it is permitted to copy the sefer even against the will of the owner is because of ''kofin al midat sedom''. However, this seems to be contradicted by the poskim who hold that we do not do ''kofin al midat sedom'' to force someone else to allow them to use their property (Rama CM 363:6). See the Rif responsa 34 writes that it is forbidden to copy from a stolen sefer. Rashba responsa 6:286 quotes this. Mishnat Yehoshua p. 132 writes that this isn't a contradiction to the Mordechai since here one stole a tangible item. | ||
* Mishnat Yehoshua p. 132 and Tzitz Eliezer 18:80 apply this Mordechai to the discussion of copying intellectual property of Torah.</ref> | * Mishnat Yehoshua p. 132 and Tzitz Eliezer 18:80 apply this Mordechai to the discussion of copying intellectual property of Torah.</ref> | ||
