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[In Parashat Eikev, we saw the analysis of the Beit Yitzchak (Shmelkes) on the question of copyright on books on Torah subjects. Rav Shmelkes was uncertain if halacha forbids reprinting without permission where the law of the land and the bans of great rabbis do not preclude it. We will see that Rav Nathanson, Rav Shmlekes’ predecessor as Rabbi of L’vov, had a stronger belief in the innate nature of intellectual property law. One of the fascinating things about the responsum is that the Shoel U’Meishiv cites no outright classical sources on the matter and did not feel a need to give an exact halachic framework of the rights. The responsum is a critique of the ruling of the rabbi who sent him the question, Rav Shmuel Waldberg.]
The question about which you ask for my input refers to a dispute about the publishing of the Yoreh Deah section of Shulchan Aruch with the commentaries of the Pri Megadim, Chavot Da’at, and Pitchei Teshuva. You ruled that the first publisher cannot prevent the second publisher from reprinting old commentaries. Regarding the new Pitchei Teshuva, you said it is forbidden only if the author received authority from the government to publish, in which case dina d’mlachut (the law of the land) applies. The first publisher claims to have bought the rights from the author, but you said that the author cannot sell more rights than he has, and the fact that he published the book the first time (1836) without writing that it is forbidden to republish means that the author no longer has authority.
What you wrote does not make sense. An author who publishes a certain amount of books because he does not know how much demand there will be certainly maintains the sole rights to republish. Even regarding technical inventions, for example, Reb Avram Yaakov of Harovshuv received payments throughout his life from the Kaiser in Warsaw for the machine he invented. Could our words of Torah be of lesser value than the machine? [Ed. note- It is not clear why the concept of teaching Torah for free does not weaken the comparison]. It is clear that authors have can keep their rights for as long as they want, including for future generations, just that most authors want others to strive to publicize their works after they have succeeded in selling off that which they originally published. The Pitchei Teshuva did an important service that many are in need of – collecting many different opinions – and he can keep his rights or sell them.
The fact that the Pitchei Teshuva did not write a ban on the reprinting of his sefer is due to the fact that the Russian government does not allow such bans, and applying for their authorization runs the risk of falling prey to the censor. Even the idea of limiting the rights to within one country is wrong, as that distinction applies only to publishers of classical seforim, not those whose authors are alive.
Those who give proper approbations to seforim do not need to invoke bans. It is more than enough to remind people of what the Torah says – that one should not be masig g’vul (encroach upon others’ property). [He continued to discuss anecdotes about several publications.]
P'ninat Mishpat (832)
Various Rabbis
301 - Competition Between the Licensed and the Not Licensed
302 - Intellectual Property Rights Revisited
303 - Backing Out of the Sale of Wine Due to Non-Payment
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
