What is the ruling on the copyright or patent rights we see, and what is the ruling on a sales contract that stipulates no copying, reproducing, or transferring from it, whether it is a book or
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The questioner : What is the ruling on the copyright or patent rights that we often see?
And what is the ruling on a sales contract that stipulates no copying, reproducing, or transferring from it, whether it is a book, a tape, or something of that sort?
The Shaykh : The question is clear.
The student: Clear.
The Shaykh : Clear? And what does that mean?
The student: In some books, Shaykh, or tapes.
The Shaykh : Are you the one who asked the question?
The student: No, no.
The Shaykh : Yes.
The student: I mean, there is a phrase saying "copyright reserved," and no one is allowed to print this book except with the author's permission, or on a tape, for example... copyright reserved, meaning this tape is not to be copied except with the permission of the one who issued this tape.
The Shaykh : Okay, copyright reserved for the author or for the printer, for example, in the book.
Some people told me that this phrase has a great benefit, which is that if the copyright is reserved for the author or the printer, it serves to protect the book from tampering. Because if the book remains open for anyone who wishes to print it, people in the present day have weak integrity; they might print the book in a distorted or altered form. This causes harm to the author and to the people as well. The harm comes to the author because the error is attributed to him, and to the people because they understand something incorrect from this author.
Therefore, if the intention behind this phrase is to preserve the book and its integrity from distortion, then this phrase is prescribed and there is no harm in it, because its intention is to preserve the book.
However, if the intention behind it is to preserve the share in the earnings from this book, then that is not advisable, because the more knowledge is disseminated, the more beneficial it is for the author, for the original printer, and for Muslims in general.
As for tapes, we have spoken with some people who reserve tapes and say: "Copyright or copying or transferring rights are reserved for such-and-such recordings." They said: We do this because we incurred large expenses for equipment, workers, and books, and if the matter is not reserved, any one of the owners of other recordings can take this tape and copy hundreds of thousands of copies, and we would be left with a loss.
If this justification is valid, then I say: It is obligatory—or if "obligatory" is a heavy word—it is advisable for the recordings to reserve for themselves the rights of transferring or copying until they recover what they spent on this tape. Once they have recovered what they spent, they should let people copy it.
Did you understand what I said or not?
I mean, for example, if it is estimated that they lost ten thousand on this tape, for instance, then we say: If they earn ten thousand from it, let them permit people to copy from it, because after they have recovered what they spent, there is no loss on them, and at that time it is not advisable for them to monopolize knowledge and prevent people from benefiting from it.
Rather, we say: If they permit people to do this and they distribute the tapes from their side, they will have a reward according to how people benefit from these tapes. There remains a question that arises from this: Is it permissible for someone who bought from these tapes that have "copying or transferring rights reserved" written on them, is it permissible for him to give someone to copy on the tape he bought, or is it not permissible?
What do you say?
I mean, for example, I bought this tape from recordings that have "transferring rights reserved" written on it, and a friend of mine came to me and said: I would like to copy this tape and record it. Is it permissible for me to permit him to do so, or not?
The student: ...
The Shaykh : Now, there is a detail: I mean, if it is for the sake of trade, then it is not permissible. And based on this, if the one who asked me to copy the tape is other recordings, then I do not give it to them. And if the one who asked me is a friend of mine who wants to benefit from it and listen to it, then there is no harm.
And what is the ruling on a sales contract that stipulates no copying, reproducing, or transferring from it, whether it is a book, a tape, or something of that sort?
The Shaykh : The question is clear.
The student: Clear.
The Shaykh : Clear? And what does that mean?
The student: In some books, Shaykh, or tapes.
The Shaykh : Are you the one who asked the question?
The student: No, no.
The Shaykh : Yes.
The student: I mean, there is a phrase saying "copyright reserved," and no one is allowed to print this book except with the author's permission, or on a tape, for example... copyright reserved, meaning this tape is not to be copied except with the permission of the one who issued this tape.
The Shaykh : Okay, copyright reserved for the author or for the printer, for example, in the book.
Some people told me that this phrase has a great benefit, which is that if the copyright is reserved for the author or the printer, it serves to protect the book from tampering. Because if the book remains open for anyone who wishes to print it, people in the present day have weak integrity; they might print the book in a distorted or altered form. This causes harm to the author and to the people as well. The harm comes to the author because the error is attributed to him, and to the people because they understand something incorrect from this author.
Therefore, if the intention behind this phrase is to preserve the book and its integrity from distortion, then this phrase is prescribed and there is no harm in it, because its intention is to preserve the book.
However, if the intention behind it is to preserve the share in the earnings from this book, then that is not advisable, because the more knowledge is disseminated, the more beneficial it is for the author, for the original printer, and for Muslims in general.
As for tapes, we have spoken with some people who reserve tapes and say: "Copyright or copying or transferring rights are reserved for such-and-such recordings." They said: We do this because we incurred large expenses for equipment, workers, and books, and if the matter is not reserved, any one of the owners of other recordings can take this tape and copy hundreds of thousands of copies, and we would be left with a loss.
If this justification is valid, then I say: It is obligatory—or if "obligatory" is a heavy word—it is advisable for the recordings to reserve for themselves the rights of transferring or copying until they recover what they spent on this tape. Once they have recovered what they spent, they should let people copy it.
Did you understand what I said or not?
I mean, for example, if it is estimated that they lost ten thousand on this tape, for instance, then we say: If they earn ten thousand from it, let them permit people to copy from it, because after they have recovered what they spent, there is no loss on them, and at that time it is not advisable for them to monopolize knowledge and prevent people from benefiting from it.
Rather, we say: If they permit people to do this and they distribute the tapes from their side, they will have a reward according to how people benefit from these tapes. There remains a question that arises from this: Is it permissible for someone who bought from these tapes that have "copying or transferring rights reserved" written on them, is it permissible for him to give someone to copy on the tape he bought, or is it not permissible?
What do you say?
I mean, for example, I bought this tape from recordings that have "transferring rights reserved" written on it, and a friend of mine came to me and said: I would like to copy this tape and record it. Is it permissible for me to permit him to do so, or not?
The student: ...
The Shaykh : Now, there is a detail: I mean, if it is for the sake of trade, then it is not permissible. And based on this, if the one who asked me to copy the tape is other recordings, then I do not give it to them. And if the one who asked me is a friend of mine who wants to benefit from it and listen to it, then there is no harm.