Jump to navigation Jump to search
* Divrei Benayahu 4:289 quotes that Rav Tzvi Pesach Frank held that there was no problem to publish the Brisker Rav’s tapes without his permission because he doesn’t own the Torah he taught.
* [ Bet Yitzchak YD 2:75] disagrees with the Shoel Umeishiv since there is no source that says that someone can own intellectual property. Similar approaches are adopted by Mishpatei Shmuel 35 and Shurat Hadin v. 16 p. 290 n. 12.
* Shevet Halevi 4:202 allows copying some pages for students. He reasons that it isn’t considered ''yored lumanut chavero'' by copying a few pages for educational purposes where the students were not going to buy all the sefarim anyway. Tzitz Eliezer 18:80, Minchat Tzvi 1:164, Rav Sheinberg (4:287), Rav Ben Zion Bar Shalom (Practical Laws of Money p. 122), and Mishna Halachot agree. Mishnat Yehoshua p. 155 cites Rav Ben Tzion Abba Shaul (Chukat Mishpat) and Rav Shlomo Zalman Auerbach who also permit copying individual pages for personal use. Mishnat Yehoshua p. 156 agrees with Rav Shlomo Zalman. Rav Meir Mazuz (cited by Practical Laws of Money p. 122) allows copying pages of a book but not a CD.</ref> Within the approach that permits copying for personal use the poskim qualify that it is only permitted to copy small portion such that a person wouldn't have anyway bought the book for that portion. But if copying portions prevents a person from buying the book it is forbidden.<ref>
* [ Rabbi Jachter] cites Rav Shlomo Zalman (Nishmat Avraham 4:204-206) held that copying small portions of a book is permitted if one wouldn't have bought the book anyway.
* Similarly, Rabbi Hershel Schachter in a [ shiur on, 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>## 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. * 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># It is a pious practice never to violate the wishes of the copyright holder.<ref>Mishnat Yehoshua p. 155 adds though that it is pious not to copy for personal use since the authors don't want that.</ref>
# Some poskim write that a person may not violate a copyright because of [[chilul Hashem]], desecration of God's name.<ref> Shoel Umeishiv 1:44 writes that it is obvious that one may not violate a copyright. Heaven forbid, our Torah shouldn’t be seen as inferior to another field of knowledge. Mishnat Yehoshua p. 129 suggests that the Shoel Umeishiv forbids violating a copyright because doing so would be a chilul Hashem. If non-Jews agree that is wrong to steal intellectual property, how could the Torah, a book of divine morals, permit it?! See Hitorerut Teshuva 232 for similar approach.</ref> Otherwise disagree.<ref>Mishna Yehoshua p. 130 isn’t ready to accept the argument of the Shoel Umeishiv since it has no source. Bet Yitzchak 2:75 disagrees with the Shoel Umeishiv.</ref>
# Some poskim write that a person must pay for the right to copy copyrighted material otherwise it is considered benefiting from someone else’s property.<Ref>Mishnat Yehoshua p. 145 cites Rav Zalman Nechemya Goldberg as holding that one is obligated to pay for the right to copy a book otherwise it is considered benefiting from someone else’s property for which one would have to pay for (Bava Kama 20b). Divrei Malkiel 3:157 and Amudei Esh 12 agree that benefiting from intellectual property of someone else is benefiting from their property. </ref> But others disagree since once one bought the book it is completely his.<ref>Mishnat Yehoshua p. 149 argues that you only pay for benefiting from someone else's property if it is still theirs but once one buys it there's no issue of benefiting from it. Even though the Nodeh Beyehuda CM 24 implies that there's an obligation to pay for benefiting from a layout of someone else even though the actual material belongs to him that is only because the layout is still his friends and therefore the whole thing is still connected to being someone else's property. However, in our case one already bought the item completely. Also some disagree with the Nodeh Beyehuda including Yehoshua Malko CM 22.</ref>

Navigation menu