Chapter 2

Transactions

Business and Finance: Copyrights

26307: Copyright and the ruling on photocopying some parts of academic reference works

Question:

Is it haraam to photocopy parts of academic reference works for study purposes, knowing that the high cost of these books is the reason for photocopying? If a person copies them in order to make money, is that haraam?.

Answer:

Praise be to Allaah.

It seems to be the case that copyright belongs to the authors and to their heirs after they die, and that there is nothing wrong with photocopying or copying it out by hand for personal use, not with the intention of selling, so long as the owner of the copyright has not expressly stated that copying for personal use is not allowed. But if it is copied for the purpose of selling it and trading in it, this is not allowed.

Shaykh Bakr ibn `Abd-Allaah Abu Zayd said:

"These clauses which protect works from tampering or interference, and protect the value of the work and the efforts of its author, are things that are regarded as essential, based on the general principles of Islam. This is indicated clearly in the texts and basic principles of sharee'ah, which you can find explained in detail in Adaab al-Mu'allifeen and Kutub al-Istilaah.

Fiqh al-Nawaazil, 2/65

The Islamic Fiqh Council which was held to discuss moral rights issued the following statements:

Firstly: trade names, company names, trademarks, writings and inventions are all the copyright of their owners or authors, which in modern practice have acquired monetary value. These rights are respected by sharee'ah and it is not permissible to transgress against them.

Secondly: It is permissible to dispose of a trade name, company name or trademark, and to transfer any of them in return for financial compensation, provided that this is not for the purpose of deceit or fraud, given that this has become a financial right.

Thirdly: the owner of these rights has the right to dispose of them and no one should transgress against them.

The Scholars of the Standing Committee for Academic Research said:

There is nothing wrong with recording and selling useful tapes, or copying and selling books, because that is helping to spread knowledge, unless their authors have said that this is not allowed, in which case it cannot be done without their permission.

Fataawa al-Lajnah al-Daa'imah, 13/187

See also question no. 454.

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38847: Downloading lectures from the internet and distributing them for da'wah purposes

Question:

What is the ruling on one who downloads some lectures from the internet then copies them and distributes them to the youth to spread da'wah and so that the benefit will reach more people? Is this regarded as a transgression against the rights of others?.

Answer:

Praise be to Allaah.

The basic principle is that webmasters put this material on their websites for people to listen to it and benefit from it. Some provide the means of downloading and recording them, so this is regarded as permission from them to copy them.

Based on this, there is nothing wrong with downloading these lectures and recording them and distributing them to the youth and others, rather this is a beneficial and righteous deed, because it is calling people to Allaah and cooperating in goodness. The Prophet (peace and blessings of Allaah be upon him) said: "Whoever calls people to right guidance will have a reward like that of those who follow him, without that detracting from their reward in the slightest. And whoever calls people to misguidance will have a burden of sin like that of those who follow him, without that detracting from their burden in the slightest." Narrated by Muslim, 2674, from the hadeeth of Abu Hurayrah.

It is not permissible to try to download lectures from sites that do not allow that, because that is transgressing against the rights of others who have written, compiled, invented etc (i.e., copyright); these are rights that are protected, as it says in the statement of the Islamic Fiqh Council issued during its fifth conference held in Kuwait, 1-6 Jumada al-Awwal 1409 AH/ 10-15 December 1988 CE:

Firstly: trade names, company names, trademarks, writings and inventions are all the copyright of their owners or authors, which in modern practice have acquired monetary value. These rights are respected by sharee'ah and it is not permissible to transgress against them. Copyright of authors and inventors is protected in Islam.

....

Thirdly: the owner of these rights has the right to dispose of them and no one should transgress against them.

See Questions no 454 and 21927.

And Allaah knows best.

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21899: Intellectual property rights

Question:

What do the Muslim fuqaha' say about intellectual property rights such as trade names, trademarks, copyright and patents?

Answer:

Firstly:

Trade names, trademarks, copyright and patents are all rights which belong exclusively to their owners. In modern times they have come to have a considerable financial value. These rights are recognized according to sharee'ah, and they should not be violated.

Secondly:

It is permissible to buy or sell a trade name or a trademark, and to transfer any of them in return for monetary compensation, so long as there is no cheating or deception.

Thirdly:

Copyright and patents are protected by sharee'ah. Their owners have the right to buy or sell them and nobody has the right to violate these rights. And Allaah knows best.

Qaraar Majlis al-Fiqh al-Islami al-Khaamis, 1409 AH (www.islam-qa.com)

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454: Copying computer programs

Question:

I want to know if copying software on my hard drive that I have not bought is wrong.

Answer:

Praise be to Allaah

The Permanent Committee for Iftaa' (Islamic Rulings), chaired by Sheikh Abdul-Aziz bin Baz, has replied to this question by ruling that it is not permissible to copy software without permission from the original author or the copyright holder based on the following three haadeeth of the Prophet (peace be upon him):

(1) "Muslims are to honor their agreements (with others)";

(2) "A Muslim's wealth is forbidden for others to use without his permission;" and,

(3) "Whoever is the first to acquire a mubaah (something lawful to acquire) is entitled to keep it". This applies to both Muslims and non-believers (who are not engaged in an act of war with Muslims) because the right of a non-believer is respected in the same manner as a Muslim's right. Allah knows best. (Committee Fatwa no: 18453)

Also, Sheikh Muhammad bin Salih Al-'Uthaimeen has ruled that whatever is customary among people should be the rule except when a user wants a copy for himself and the author or the copyright holder did not explicitly prohibit copying the software for private or public use. However, if the author or the copyright holder specifically stated that private and public copying of the software is prohibited, then it is not permissible to copy that software.

Committee Fatwa no: 18453

Sheikh Muhammad bin Salih Al-'Uthaimeen (www.islam-qa.com)

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