By Rabbi Meir Orlian | |||
#215 |
Balak |
15.09.2014 |
N/A |
Q: Copyright and patent law have become very relevant legal issues in the past two centuries. What is the halachic approach to copyright?
A: This question has been addressed by contemporary authorities; there are widely divergent opinions. Be"H, we will deal with some of the fundamental questions relating to this issue. Among them:
- Is there halachic ownership of intangible objects, such as Torah thoughts, professional techniques, a computer program, or music work?
- Is there a time limit to these rights?
- Do heirs have rights in their inheritor's works?
- Is there a difference between Torah seforim/ shiurim and other items?
- Can a person sell something, yet restrict its use? If yes, what recourse does the seller have?
- What role, if any, does state law play here?
- What status do common commercial practice and local customs have?
- What is the idea behind haskamot (approbations) of seforim?
- Is there a difference between copying for personal or commercial use?
- Once something has been made public on the internet, legally or illegally – does that impact the halacha?
Based on our discussion of these issues, IY"H, we will attempt to address practical cases.