There is a fatwa from Shaykh Ibn Baz stating that there is no such thing as copyright, so what is your opinion?
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Al-Huwayni: The last question,The Shaykh : 'Abd al-'Aziz ibn Baz had issued a fatwa that there is no such thing as copyright, is this correct?
The Shaykh : He issues this fatwa because, in my opinion, the efforts undertaken by the author, aside from the scientific aspect, are not conceivable. Undoubtedly, it is not permissible to sell or buy knowledge, but the issue does not concern the knowledge itself; it concerns the means and methods that have emerged in the modern era, which take up the author's time and require great effort to produce this book and publish it among people. Undoubtedly, one who has practiced these matters knows the reality of the situation and the immense effort the author expends. So, the perspectiveThe Shaykh : Undoubtedly, from the scientific standpoint, there is no problem with it; but I do not thinkThe Shaykh : if one knows these facts, he would distinguish between this and the publisher, i.e., the printer. I do not think it is forbidden for printers to take a wage and trade in scientific books; because there are preparations, efforts, and expenditures made by these publishers, and I do not think that is forbidden. If that is the case, there is no difference between the publisher and the author, without whom the book would have come out in a form from which no benefit could be derived, as we see in some books called commercial books due to the many distortions they contain. This is my opinion on the matter. We often say to some of our brothers, "Come, spend the night and day with us, sit on the mat of experiences," and then it is said that it is not permissible to take a wage for this work. In short, the scholars have discussed in the past specifically the copying of the mushaf, which is the speech of Allah, whether it is permissible for the copier to take a wage for it. Undoubtedly, there is disagreement among the scholars, even among the scholars of the Salaf themselves; some say it is permissible, and some say it is not permissible. We do not see that the one who copies the mushaf is trading in the speech of Allah; no, this matter is not of that nature at all. Rather, he is helping people by bringing the Qur'an closer to them in a readable form with clear and beautiful handwriting. The same is said regarding the printer, the same is said regarding the proofreader, and the same is said regarding the author. This is my opinion on the matter, and Allah knows best.
Al-Huwayni: Well, we have some brothers in Egypt who take your books and photocopy them. They brought meThe Shaykh : Nasir al-Din al-Albani says, or issues a fatwa, that the profit from these works is haram, or is it haram?
The Shaykh : If it is theft, of course, what made theft lawful?
Al-Huwayni: I mean, if he takes the work, photocopies it, and publishes it?
The Shaykh : Yes, it is haram unless with the author's permission, because these are traders in the rights of others. The answer is understood from my previous explanation. If they think it is permissible for them to print a book and trade in it with the author's permission, what is the difference between them and the author? Is that clear?
Al-Huwayni: Yes.
The Shaykh : So in that case, do they permit others to take their efforts and trade in them? Their answer will be no. So why do they distinguish between them and the one who had the original right and the primary merit in publishing this book among people?
Al-Huwayni: And if he does not intend the commercial aspect, meaning he intends to bring the booksThe Shaykh : to the students of knowledge.
The Shaykh : This, if this
Al-Huwayni: I mean, if it is verified?
The Shaykh : Yes, I am saying, and I have said this, and I take advantage of it, but that does not prevent me from stating it clearly. Anyone who prints one of my books and sells it at cost, without making any profit from it, I say may Allah reward him with good. But where is this person? Where is this person?
Al-Huwayni: I mean, you do not permit him any profit?
The Shaykh : Absolutely not, yes, except with my permission.
Al-Huwayni: Except with your permission.
The Shaykh : Yes, and the matter has reached a point that I do not think anyone would agree with. I do not know, I looked at the first or second volume of al-Sahihah.
Al-Huwayni: Yes, the commentary on ... we have in Egypt.
The Shaykh : I know about it in Egypt, I mean, this I thinkThe Shaykh : is not permitted, and they are actually exploiting the wordsThe Shaykh : AndThe Shaykh : rather, publishing knowledge does not mean, just as it does not mean that the author trades in it, so it does not mean that others trade in it. If he permits others to trade in it, what prevents the author, the researcher, and the proofreader, and so on, from trading in it?
Al-Huwayni: I mean, you do not permit even one person to write a commentary on your books.
The Shaykh : Of course.
Al-Huwayni: Yes, publishing it independently as a critique or something like that, so this ...
The Shaykh : This is free for him, and everyone expresses his opinion. As for first printing one of my books without my permission, and this book has two rights: the right of the publisher and the right of the author; this is harmful. And on this occasion, I say that when it is said that it is not permissible to price knowledge, it is not the price of knowledge, but rather, as we mentioned earlier, the costs of dedicating time, whether by the author or the publisher. Often, due to leniency with this statement, material harm is inflicted on the publisher and on the author. It has happened many times that some books were stolen; the first publisher would print, for example, five thousand copies, which undoubtedly cost a certain amount. The thief comes and prints this book, incurring no cost at all, and sells it at half the price, making a profit several times what the first one makes. The first one's book piles up in his warehouse until it rots and is destroyed by humidity and the like. Who permits this? At the least, every publisher must have ... We have suffered from some of this, aside from the scientific aspect. The second volume of the series al-Hadith al-Da'if was presented to our brother and brother-in-law, Nizam Sukajha, by one of them, who said, "I have some money, I want you to print some of the booksThe Shaykh : and I will benefit from it financially." He said, "There is no obstacle, I will take the opinion ofThe Shaykh : ; so he consulted me about printing the second volume of the series. I said there is no obstacle. So I paid half the cost, and he paid the other half of the cost, and the book was printed. No sooner was it printed than the book appeared in print without permission. So the book remained with our friend Sukajha for years, and the book was stalled due to that other person's printing. So he suffered harm and we suffered harm, especially my partner in the expenditure on printing the book, a stranger in the land and in need of assistance, so instead of getting assistance, he got harm. These consequences and results do not naturally occur to the mind of one who has not experienced the issue, but rather looks at it from a purely scientific standpoint. This is my opinion on the matter, and peace be upon you and the mercy of Allah.
The Shaykh : He issues this fatwa because, in my opinion, the efforts undertaken by the author, aside from the scientific aspect, are not conceivable. Undoubtedly, it is not permissible to sell or buy knowledge, but the issue does not concern the knowledge itself; it concerns the means and methods that have emerged in the modern era, which take up the author's time and require great effort to produce this book and publish it among people. Undoubtedly, one who has practiced these matters knows the reality of the situation and the immense effort the author expends. So, the perspectiveThe Shaykh : Undoubtedly, from the scientific standpoint, there is no problem with it; but I do not thinkThe Shaykh : if one knows these facts, he would distinguish between this and the publisher, i.e., the printer. I do not think it is forbidden for printers to take a wage and trade in scientific books; because there are preparations, efforts, and expenditures made by these publishers, and I do not think that is forbidden. If that is the case, there is no difference between the publisher and the author, without whom the book would have come out in a form from which no benefit could be derived, as we see in some books called commercial books due to the many distortions they contain. This is my opinion on the matter. We often say to some of our brothers, "Come, spend the night and day with us, sit on the mat of experiences," and then it is said that it is not permissible to take a wage for this work. In short, the scholars have discussed in the past specifically the copying of the mushaf, which is the speech of Allah, whether it is permissible for the copier to take a wage for it. Undoubtedly, there is disagreement among the scholars, even among the scholars of the Salaf themselves; some say it is permissible, and some say it is not permissible. We do not see that the one who copies the mushaf is trading in the speech of Allah; no, this matter is not of that nature at all. Rather, he is helping people by bringing the Qur'an closer to them in a readable form with clear and beautiful handwriting. The same is said regarding the printer, the same is said regarding the proofreader, and the same is said regarding the author. This is my opinion on the matter, and Allah knows best.
Al-Huwayni: Well, we have some brothers in Egypt who take your books and photocopy them. They brought meThe Shaykh : Nasir al-Din al-Albani says, or issues a fatwa, that the profit from these works is haram, or is it haram?
The Shaykh : If it is theft, of course, what made theft lawful?
Al-Huwayni: I mean, if he takes the work, photocopies it, and publishes it?
The Shaykh : Yes, it is haram unless with the author's permission, because these are traders in the rights of others. The answer is understood from my previous explanation. If they think it is permissible for them to print a book and trade in it with the author's permission, what is the difference between them and the author? Is that clear?
Al-Huwayni: Yes.
The Shaykh : So in that case, do they permit others to take their efforts and trade in them? Their answer will be no. So why do they distinguish between them and the one who had the original right and the primary merit in publishing this book among people?
Al-Huwayni: And if he does not intend the commercial aspect, meaning he intends to bring the booksThe Shaykh : to the students of knowledge.
The Shaykh : This, if this
Al-Huwayni: I mean, if it is verified?
The Shaykh : Yes, I am saying, and I have said this, and I take advantage of it, but that does not prevent me from stating it clearly. Anyone who prints one of my books and sells it at cost, without making any profit from it, I say may Allah reward him with good. But where is this person? Where is this person?
Al-Huwayni: I mean, you do not permit him any profit?
The Shaykh : Absolutely not, yes, except with my permission.
Al-Huwayni: Except with your permission.
The Shaykh : Yes, and the matter has reached a point that I do not think anyone would agree with. I do not know, I looked at the first or second volume of al-Sahihah.
Al-Huwayni: Yes, the commentary on ... we have in Egypt.
The Shaykh : I know about it in Egypt, I mean, this I thinkThe Shaykh : is not permitted, and they are actually exploiting the wordsThe Shaykh : AndThe Shaykh : rather, publishing knowledge does not mean, just as it does not mean that the author trades in it, so it does not mean that others trade in it. If he permits others to trade in it, what prevents the author, the researcher, and the proofreader, and so on, from trading in it?
Al-Huwayni: I mean, you do not permit even one person to write a commentary on your books.
The Shaykh : Of course.
Al-Huwayni: Yes, publishing it independently as a critique or something like that, so this ...
The Shaykh : This is free for him, and everyone expresses his opinion. As for first printing one of my books without my permission, and this book has two rights: the right of the publisher and the right of the author; this is harmful. And on this occasion, I say that when it is said that it is not permissible to price knowledge, it is not the price of knowledge, but rather, as we mentioned earlier, the costs of dedicating time, whether by the author or the publisher. Often, due to leniency with this statement, material harm is inflicted on the publisher and on the author. It has happened many times that some books were stolen; the first publisher would print, for example, five thousand copies, which undoubtedly cost a certain amount. The thief comes and prints this book, incurring no cost at all, and sells it at half the price, making a profit several times what the first one makes. The first one's book piles up in his warehouse until it rots and is destroyed by humidity and the like. Who permits this? At the least, every publisher must have ... We have suffered from some of this, aside from the scientific aspect. The second volume of the series al-Hadith al-Da'if was presented to our brother and brother-in-law, Nizam Sukajha, by one of them, who said, "I have some money, I want you to print some of the booksThe Shaykh : and I will benefit from it financially." He said, "There is no obstacle, I will take the opinion ofThe Shaykh : ; so he consulted me about printing the second volume of the series. I said there is no obstacle. So I paid half the cost, and he paid the other half of the cost, and the book was printed. No sooner was it printed than the book appeared in print without permission. So the book remained with our friend Sukajha for years, and the book was stalled due to that other person's printing. So he suffered harm and we suffered harm, especially my partner in the expenditure on printing the book, a stranger in the land and in need of assistance, so instead of getting assistance, he got harm. These consequences and results do not naturally occur to the mind of one who has not experienced the issue, but rather looks at it from a purely scientific standpoint. This is my opinion on the matter, and peace be upon you and the mercy of Allah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
