Q. I borrowed a cookbook from the library. Can I photocopy a recipe from it?
A. Poskim endeavour to explain and define what exactly are the Halacha rights that an author may have on the written words he has created or printed. Words and ideas are immaterial and not tangible objects, and the Torah given prohibitions of theft or hasogas gevul (literally "infringement of boundary," commonly applies to unfair competition or illegal encroachment and business practices) may not necessarily apply to them.
Shoel Umeshiv (1: 44) rules that the creating act of the author does grant him the exclusive ownership rights of printing and selling his creation, and for others to do so is tantamount to stealing. However, Beis Yitzchok (Y.D. 75) maintains that in principle authors rights are not eternal and he may have already traded them with the books he has sold. In practice he also agrees to the Shoel Umeshiv’s opinion because one must observe the “Laws of the Land” and their definition of copyrights.
Other approaches traditionally used in the past, was for the author to obtain a “Haskama” or letter of approbation from a recognized Rabbinical authority prohibiting other publishers from reprinting the work for a set period of time.
Some Poskim assert that the author or publisher may condition the sale of the book and restrain the buyer from photocopying any amount even for non profit use. (Birchas Shlomo 24: 8, Minchas Tzvi 18, Darchei Choshen 7: 11, see also Igros Moshe (O. H. 4: 40: 19)
Lo Kol Hazechyos Shemuros (p. 10) writes that making non commercial or non profit photocopies of a small portion of a book, is not prohibited even if the author or publisher specifically warned that no material whatsoever should be copied without their written permission. Since this does not harm the author or publisher. (The user would not have bought the book anyway for extracting only such a minimal amount of information.)
Horav Shlomo Miller's Shli”ta opinion is that in your particular case it can be assumed that a common copyright entitlement, even by the laws of the land does not prohibit a non commercial occasional photocopy.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Important Numbers
