Q: Does halacha recognize ownership of mental creations, such as Torah thoughts, professional techniques, computer programs or music works, beyond the physical entity of a book or disc?

A: This very fundamental question regarding copyright issues remains a significant dispute between the authorities.

The Maharsham (2:202) explicitly maintains that a person does not have ownership over a professional technique he developed, because it is intangible. Thus, once a book or disc is sold, the creator cannot claim absolute ownership over the inherent content to prohibit copying it. This position is indicated also by the Chasam Sofer (C.M. #79; 41; 6:57) and other Gedolim who wrote approbations prohibiting others from reprinting Torah works on the basis of other reasons.

On the other hand, the Shoe'el U'maishiv and others, including many contemporary authorities – e.g., Rav Moshe Feinstein zt"l (O.C. 4:40[19]) and Rav Y.S. Eliyahiv zt"l – maintain that a person has ownership of his mental creations. While the customer bought the book or disk, he did not buy the mental creation itself. Thus, according to this opinion, one who copies against the creator's will is stealing his mental creation.

(See Emek Hamishpat, Zechuyos Yoztrim, Intro. pp. 1-3.)