Q: Are civil and international copyright laws binding according to halacha?

A: "Dina d'malchusa dina" – the law of the land is law (B.K. 113a). Although the poskim curtail the application of this rule between Jews when Torah law contradicts civil law, Beis Yitzchak (Y.D. 2:75) applies dina d'malchusa to copyright protection, for three reasons:

1. Civil law often forms a common commercial practice, which is halachically binding.
2. A civil law that merely restrains others from gaining, but does not cause them a loss, might be followed even against Torah law.
3. According some authorities, copyright protection is in consonance with Torah law.

Others uphold copyright protection on the basis of what is logically "just and fair" (hayashar v'hatov), as indicated by the civil law.

Thus, even according to the halachic opinion that a person does not have ownership of "intellectual property" one may not copy with commercial intent, on the basis of dina d'malchusa.

It is questionable whether dina d'malchusa applies in Israel. However, if Israeli civil law generated a common commercial practice – it is binding on that account.

(See Emek Hamishpat, Zechuyos Yotzrim 7:44-46, 34:171-176; C.M. 369:6; Pischei Choshen, Geneivah 1:[4])