Question: I have seen some seforim or CD's that state that the right to copy is excluded from the sale. What does this mean?

Answer: Some authorities, notably Rav Z.N. Goldberg shlita, have suggested that if the author would explicitly exclude from the sale the right to copy, one who copies would be considered a thief and liable to pay even according to the opinion that halacha does not recognize ownership of intangible intellectual property. (Techumin 6:185ff; 7:360ff, 368ff)

This notion is known as shiyur b'mecher (limitation of sale). It is possible to sell an item for certain usages, but not for others. For example, a person can sell his tree, but maintain ownership regarding its fruit; a person can sell his house, but maintain ownership regarding the dwelling or air rights. (C.M. 209:7; 212:3) Similarly, the author can sell the book for reading and the disc for listening, but not for copying. Thus, using the book or CD for copying would be stealing it, since the book or CD was never sold for this usage.

Other authorities question the application of this notion, to be addressed next time, be"H.

(See Pischei Choshen, Kinyanim 20:[46]; Emek Hamishpat, Zechuyos Yotzrim 38:1-2)