Reply To: Heteirim for Copying and giving out Music

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#876307
uneeq
Participant

hello99: I think that you’re getting two topics completely mixed up. I understand that many poskim could hold that its issur gezel gamur for someone to reprint someone else s’forim.

However, there is a major difference between commercial and personal use. When someone reprints a shas, they are selling something that the selling rights belong to someone else. But to copy from a sefer to put in your notes, or even to copy it completely and put it in your house, does not cause the owner any loss. You see all the time in the car industry. Replica Ferraris and other cars where the owner had replicated every detail of the car for 1/4 of the price. In legal terms, copying intellectual property for personal use is legal under the “Fair Use” laws.

Just please answer me a question (or two) to let me see how you think: If I decided to copy, stroke for stroke, color for color, and make an exact replica of the $120 million painting, “The Scream” to put on my wall, if someone had a copyright on it, would you consider me a “stealer” and obligated to pay the rights holder $120 million? Also, would it be illegal to sing Yaakov Shwekey’s brand new song on my shabbos table, if I was able to sing it perfectly, note for note?