Jewish Law and Copyright Rabbi Israel Schneider
Responsa Chatam Safer, Choenen Mishpat, no. 41. Rabbi Moshe Isserles, Responsa, no. 10 Encyclopedia Pachad Yitzchak Vol. 10. p. 157b, Takanot She'nitkinu. Techumin, Vol. 6 (5745), p. 179. Responsa Chatam Sofer, Vol. 6, no. 57. Responsa Parashat Mordechai, Choshen Mishpat, nos. 7 and 8. Responsa Chatam Sofer, Choshen Mishpat no. 79; Volume 6 no. 59. Encyclopedia Judaica, Vol. 7 p. 1454. While a great portion of these "haskamot" were written for original works, nevertheless, many were issued for books already in the public domain. Nodah B'Yehuda, Volume 2, Choshen Mishpat no. 24 Bava Kamma 20a Techumin, Volume 6, (5745), pp. 195-197 Cited by Tosafot, Ketubot 98b. Ibid. Responaa Chatam Sofer, Choshen Mishpat no. 41; ibid no. 79; ibid no. 89; Volume 6, no. 57. Bava Batra, 21b. Defined there as one Parasang (appx. 2 1/2 miles). Cited by Tosafot, Kiddushin, 59a. It is interesting to note that Rabbi Sofer's analogy was later employed by a twentieth century author. "What happens to a poet when he poaches upon a novelist's preserves...." (Virginin Wool[). Responsa, Yoreh Deah, Volume 2, no. 75. Mar Shmuel's principle, cited in Nedarim 28a. The responsum was written in Przemysl, a city in Galicia (Austrian Poland). Sefer HaTerumot. 46:8. Cited in Sefer HaTerumot, ibid. Yoreh Deah, 165:8. See Journal of Halacha and Contemporary Society, Vol. 1 no. 1, pp. 122-125, for Rabbi Hershel Schachter's treatment of the subject. In addition to the source material cited there, see Shiurei Halacha Rabbi Yosef Yehuda Leib Block, p. 57. It seems to this writer that copyright legislation meets the criterion developed by Rabbi Block for the applicability of halachic legitimacy for "Dina De'Malchuta Dina". Techumin, Volume 6, (5745), pp. 181-182. Ibid. pp. 185-207. Bava Metziah, 34a. See, however, Techumin, Volume 7, (5746). pp. 360-380, for debate between Rabbi Nechemia Zalman Goldberg and Rabbi Naftali Bar-han about validity of sale with seller's retention of intagibles. Responsa Shoel U'Meshiv, Mahadura Kamma, 1, no. 44. Responsa Shevet Halevi, Volume 4, no. 202. Pitchei Choshen, "Laws of Theft and Fraud," p. 287, note 27. Responsa Iggerot Moshe, Orach Chayim, Vol. 4, no. 40 sec. 19.
