Friday, August 14, 2009

Jewish Law & copyright


JLaw R' Israel Schneider

In our highly advanced technological age, the duplication of original works of authorship has become almost effortless. While at one time, manuscripts or books had to be copied laboriously by hand, it is now possible within several minutes to produce high quality reproductions of entire works. Similarly, audio tapes, videos, and computer programs can all be reproduced quickly, effectively, and cheaply. The purpose of this essay is to explore the halachic implications of making or using unauthorized duplications and to inquire if there are precedents which could serve as grounds for the protection of an author's or creator's proprietary rights.

Halachic literature is rich in detailing the rights - and limitations - of an author to his original work. Not surprisingly, the People of the Book were constantly involved in determining what type of protection could be granted to an author or publisher. [...]

3 comments :

  1. I understand that Rav Eliyashev has paskened that Dina Dmalchus Dina is the (only) halachic issue preventing copyright infringement. So the limitation (i.e. in the United States) is only so far as Congress has legislated. If it is allowed to be copied under "Fair Use", then it is allowed to copies under halacha.

    (I also understand that other great poskim hold that Dina Dmalchusa Dina is ONLY applicable on financial issues between man and his government (i.e. taxes, anti-counterfiting, etc.) and is NOT applicable on issues between man and man.)

    I also understand that a "voice" (i.e. a recording or a shiur) cannot be halachicly protected under copyright. Additionally, Torah (i.e. a Sefer) some hold cannot be protected.

    (I am going from memory here. I have additional notes on this halachic issue elsewhere.)

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  2. Joseph said...

    I understand that Rav Eliyashev has paskened that Dina Dmalchus Dina is the (only) halachic issue preventing copyright infringement. So the limitation (i.e. in the United States) is only so far as Congress has legislated. If it is allowed to be copied under "Fair Use", then it is allowed to copies under halacha.

    (I also understand that other great poskim hold that Dina Dmalchusa Dina is ONLY applicable on financial issues between man and his government (i.e. taxes, anti-counterfiting, etc.) and is NOT applicable on issues between man and man.)

    I also understand that a "voice" (i.e. a recording or a shiur) cannot be halachicly protected under copyright. Additionally, Torah (i.e. a Sefer) some hold cannot be protected.


    ===============
    As I noted before there really isn't a Jewish concept of copyright - without dina demalchusa

    There are those who say what ever causes a financial loss to another is prohibited - but that would also prohibit having a library or even lending a friend a book that he would have normally bought.

    This is really not the place for a comprehensive discussion. This article is a good place to start - but it is not the final word.

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  3. There must be a lot of halachik discussion of government-granted monopolies, and how halacha views these. I specifically recall reading of a din torah involving a printing of the Talmud where one printer had purchased a monopoly. Copyright is just another monopoly; any halachos regarding monopoly should apply directly.

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