Copying documentary CDs Haram ?

[Islam!!yay]

:salam2:

Well I want to copy about fives CDs all documentaries. I borrowed them from the library. I was wondering if copying CDs only for private use is haram ?

And what about watching and downloading documentaries from youtube ? would that be considered haram ?

Only for private use not selling or distributing

 

[Alex-]

Assalam alaikum

In my opinion copying cd's from the library would be halal since it originates from a free source. The library doesn't make any profit that I'm aware of from watching the film on a rented disc or one that's copied.

Youtube is different, the videos hosted are paid for through advertising. If you download and watch videos from youtube you circumvent the advertising and in my opinion that is a form of stealing which would be haram.


I used to download lots of media before i converted to Islam. but after my conversion and trying to abide by Islams laws I generally look to the original source. If its free like the media is in the public domain for example then i see no wrong in getting your own copy for private use. however if someone is paying (through some sort of advertising) to bring the media to you then I don't think one should access it without the advertisements.

On a side note youtube does forbid downloading their videos which i assume is for the reason stated above.


This is all based on my opinion so take it with a grain of salt


Allah (swt) knows best

 

[Islam!!yay]

:salam2:

seriously nobody knows ??

Come on bros/sis help me out here

 

[bmw540i]

Salaams,

in Islam we have no copy rite.

 

[strive-may-i]

Brother , a serious question , indeed. So you are seeking to know whether you have the license to copy, And you seem to plead "atleast for personal use"

The permission of documentary creator, matters here. The copyright of owners and the permissions granted to user by owner. Every product comes with a fair use clause. And funny part is, fair use definition changes like chameleons skin color, Its tricky. So you need to know what you are permitted to do, no other way out. you buy a gadget, break it open, its as good a crime as breaking into bank, so thats how legal things are

You need to look at the fine print. And fine print of a commercial product from a company that wants to make profit, is written by legal eagles and these legalese terms & conditions are (forbidden) areas for layman and one can get lost, and never come out. But I encourage you to read it in your documentary case.

If the documentary owners claim it to be for educational purpose and not for profit, then their copyright fine print is simpler. Usually they will want the credit, but not the profit. Some expect you to transmit it, without modification.

Some links
Copyright -- http://en.wikipedia.org/wiki/Copyright
Creative Commons -- http://creativecommons.org/licenses/

I have so far resisted watching youtube links even in TTI - But here are the youtube links, your question made me curious. Thank you
http://www.youtube.com/t/copyright_center
http://www.youtube.com/t/copyright_permissions
http://www.youtube.com/t/copyright_faq

 

[strive-may-i]

Salaams,

in Islam we have no copy rite.

shariah is simple, agreements are to be honored, ... And we are in an age where products are brought under mutually binding agreements, and they are to be honored

Newspapers often reports how 'Fair use clause' are challenged in court.... so elaborate please !

 

[strive-may-i]

Copyrights valid

:salam2:
Shariah honors and there are rulings that honor 'copy rite' aka 'copyright'.
http://www.ad-duha.org/html/copyright___terms_of_use.html

From : http://www.ad-duha.org/html/copyright___terms_of_use.html#fataawa
FATWA (RELIGIOUS RULING) REGARDING COPYRIGHTS AND THE SALE OF PRODUCTS TEACHING ISLAMIC KNOWLEDGE

Some customers have contacted Ad-Duha in the past with questions regarding copyrights, particularly in reference to the sale of products teaching Islamic knowledge.

We understand the confusion that may surround this issue, therefor we have posted the decisions of the scholars (Fatwa) on these issues so that these matters can be understood based on a correct understanding of the Sharee'ah (Islamic Law).

The Fiqh Council of the Muslim World League
Makkah al-Mukarramah

The author and inventor should have rights with regard to that which they have written and invented, and this right is something that belongs to them according to Sharee'ah. It is not permissible for anyone to take it away from them without their permission...

Similarly neither the publisher with whom the author makes a deal nor anyone else has the right to change any of the books content or to change anything else without the authors consent.

The Islamic Fiqh Council in Jeddah,
belonging to the Organization of the Islamic Conference

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

The Standing Committee for Academic Research and Issuing Fataawa
Kingdom of Saudi Arabia

It is not permissible to make copies of programs (software) whose authors have forbidden the making of copies without their permission, because the Prophet (peace and blessings of Allaah be upon him) said: "The Muslims are bound by their conditions." And he (peace and blessings of Allaah be upon him) said: "Whoever reaches a permissible thing first (i.e. the author/inventor) has more right to it."

Fatwa from Shaykh Ibn Uthaymeen (may Allaah have mercy on him)

In regard to the permissibility of breaking a copyright: If the authorities (government or international law for example) forbid that (breaking the copyright), then it is not permissible, because Allaah has enjoined us to obey those who are in authority, except it if involves disobedience to Allaah, but banning the copying of these things is not disobedience to Allaah.

Shaykh Bakr ibn Abd-Allaah Abu Zayd (may Allaah preserve him)
Fiqh al-Nawaazil, 2/101-187

There is nothing wrong with making copies of useful tapes and selling them, or making copies of books and selling them, because that is helping to spread knowledge, unless their authors have stated that this is not allowed, in which case their permission must be sought.

Islamic Fiqh Council
(concerning the sale of products containing Islamic knowledge)

Undoubtedly the authors of these tapes and CDs have expended time, effort and money to produce them, and there is nothing in Sharee'ah to indicate that they should not take the profits that result from this work. The one who transgresses against their rights is wronging them and consuming their wealth unlawfully.

Shaykh Muhammad Baazmool
Umm Al-Quraa University in Makkah

In regards to copyrighted material being posted on the internet without the authors knowledge: The answer to this is found in what I have already said, since this action of his is a kind of transgression against the intellectual property rights (copyrights) of his Muslim brother. And this action of his is similar to stealing, as this is stealing intellectual property rights (copyrights), and stealing as defined in the Sharee'ah is taking things that are valued at a quarter of a deenaar (coin, or unit money, used at the time of the prophet) or more. I say that it is upon the one who has done this action to hide this material (ie. by removing the page), seek permission from the owner, and not publish it until after this permission is obtained.

In regards to those who make derivative works based on the original without permission: And if he has taken some liberties with this material, making changes to it, and has acted with tadlees (deception), then this is a crime that he has committed against the owner of this material, and a transgression against the brother who did the work of translating the material and making footnotes to it, and has done an action that is not permissible.

And no doubt, the people of wara', the people of the Religion, the people of taqwaa are keen to do things in a way to achieve (barakah) blessings. And blessings do not come in a thing done in this manner. So if information is being taken in this manner, then it will be void of any blessing.

And it is upon all of us to work hard to teach the people these affairs. And every person should respect the rights of others, so that this kind of affair does not take place, as it is a form of transgression against the rights (of the people). Islam calls to the preservation of these kinds of rights, to uphold them, and to not transgress (against others) or commit crimes like these, and Allaah knows best. (end quote)

For the full text of these rulings and more information on this issue please see...

http://www.bakkah.net/interactive/q&a/aamb080-copyrights-translations-intellectual -property.htm

http://www.islamqa.com/en/ref/52903

http://www.islamqa.com/en/ref/81614​

 

[Islam!!yay]

:salam2:

How about watching those same vidoes on youtube? Would that be considered legal? Or haram?

 

[strive-may-i]

Good Perspective: The Legality of Intellectual Property Rights under Islamic Law

A very detailed excellent work, *in my opinion : It even clearly tells what shariah is all about, Shariah defended*

The Legality of Intellectual Property Rights under Islamic Law
Published as:
Beltrametti, Silvia. The Legality of Intellectual Property Rights under Islamic Law. In: The Prague Yearbook of Comparative Law 2009. Mach, T. et al. (Eds). Prague, 2010. pp. 55-94.

This is true for many countries, all over world...

From: The Legality of Intellectual Property Rights under Islamic Law
Copying and counterfeiting are not perceived as legal wrongs, but as a means of extracting revenge from the West's relentless commercial conquest. The best evidence of this is that whereas the copying of Western products occurs all the time, local products are respected[104]

( FROM Site : http://www.digitalislam.eu/article.do?articleId=2729)

FROM : http://www.digitalislam.eu/article.do?articleId=2729
The Sources

Sharī'a does not refer to Islamic legal rules only, it encompasses a full set of associations that culminate with a timeless concept of justice and fairness and is best understood as a higher rule of law with a divine connection[7]. It is important to distinguish this transcendental concept of law with the formulation of legal rules; what jurists have formulated through their reason is not divine law but legal jurisprudence, fiqh. This cognitive process aims to uncover God's will through the intellectual evaluation of Sharī'a's main sources: the Qur'an, the Sunna, Ijma and Qiyas[8]. For the purpose of this paper the term Sharī'a will be used as synonym of Islamic law; both terms will be employed to indicate the law as revealed by the sources and other principles and practices associated with it. It is crucial to understand the pyramidal hierarchy among the sources and the interplay between textual and non-textual legal concepts.
1. The Qur'an

The Qur'an is the primary and most authoritative source of Sharī'a. It is a written document and it has divine origins; it was revealed by God to the Prophet Mohammed over a period of 22 years and it contains the holy teachings that a true Muslim is to follow. It is divided in Meccan and Medinese verses, according to where the Prophet Mohammed was at the point in time of the revelation. For the purpose of this analysis the Medinese verses are of more importance because it was in Medina that the Prophet took up the role of governor as well as of religious leader of his community and therefore the teachings and the rules following from these verses are of more practical effect in view of the chosen topic.

Although the Qur'an is not primarily a legal book, it is the highest source of law. Accordingly any rule contained in the Qur'an cannot be contradicted or modified by rules derived from any other source[9]. About 300 verses contain legal provisions[10] which are specific in matters that are eternal and general in matters that change[11]. Scholars have classified these actions as obligatory, recommended, neutral, reprehensible and forbidden[12]. This demonstrates that Qur'anic principles are not unbending as it might appear on the surface but show a considerable degree of flexibility and pragmatism.

2. The Sunna

The Qur'an is supplemented by reference to Prophet Mohammed's life, by his Sunna, which translates into "path" in the English language. The Sunna is the second most important source of Islamic law. It refers to a collection of recorded sayings that illustrate the established practice and tradition in which the Prophet lived, the Hadith[13]. The Sunna refers to the way the Prophet lived as a guideline for behaviour, whereas the Hadith comprises the actual textual narratives about his life. The importance of the Hadith and Sunna lies in their large size and great detail of legally relevant material. These sources are meant to complement the rules set out in the Qur'an and are often useful as context clarification.

3. Ijma

To establish direct support for a legal proposition it is necessary to point to a verse of the Qur'an, or at least to a Hadith of the Prophet. If this is not possible because both these sources are silent further scope of interpretation is given through Ijma. Ijma is the third source of Islamic law and it refers to the unanimous agreement or consensus of the legal scholars of the Muslim community on a point of law that occurred at a certain point in time and ought apply in the future. The validity of this type of agreement derives from the readings of many Hadith: "Whatever the Muslims deem to be good is good in the eyes of God"[14] or "My community will never agree on error"[15].

4. Qiyas

The fourth source, Qiyas, can be used to extend what is covered by the sources outlined above by strict analogical reasoning. A clear and undisputed rule that is found or can reasonably be inferred from the Qur'an or the Sunna might be extended to cover new circumstances if a narrow conception of its ratio can be elucidated in such way that is applies to a new situation. The effective cause, also called "illa" is the rationale of a legal proposition and in order to apply it must be must be common to both cases[16]. Many illas were derived from the legal rules found in the Qur'an and the Sunna and were used in the process for the formulation of further rules[17]. In short, a new scenario can potentially be covered when it resembles a situation expressly regulated by the textual sources discussed above.

5. Interrelations between the sources and Ijtihad

Sharī'a is the expression of God's will for mankind based on his revelation[18] -- it is a unitary concept. Many Muslims view Sharī'a as a way of life and seek to ensure that their actions are in agreement with its principles. This means that the components of Islamic law can not be analysed as individual self-standing concepts because this would result in a more complex and fragmented analytical framework. It is necessary to understand that these four sources work in tandem and that any legal ruling or conclusion should make sense of these sources as read together.

The sources provide the raw material[19], what glues them together is the concept of ijtihad, the human struggle for understanding but often simply translated as "effort". The revelation must be processed by human intellect before it can become a cohesive legal system for society. This concept is employed by scholars and judges in order to interpret the sources and also to resolve problems that are not directly covered by the sources. If the Qur'an and the Sunna are silent a scholar can attempt to formulate a rule by way of Ijma or Qiyas by using ijtihad. This intellectual exertion in order to find out God's true revelation has to be approached as a science. Whereas Sharī'a comes directly from God and is therefore undisputable, the legal jurisprudence that the jurists have formulated through their reason, fiqh, is law as a human science[20] and therefore contestable.

6. The four Sunni schools and the concept of Talfiq

The fallacies of this human interpretative science are best illustrated by the fact that disagreement on the priority of the sources[21], the complications of the process of authentication of Hadith and linguistic ambiguities saw the development of four main Sunni schools of jurisprudence around the 10th century, each contributing a different interpretation of Sharī'a: the Hanafi, the Shafi, the Maliki and the Hanbali school. These schools have become concentrated in different geographical locations, the Hanbalis becoming predominant in the Arabian peninsula, the Malikis in North and West Africa, the Hanafis in what we call the Middle East today and the Shafi school being a major influence in the East reaching out to Malaysia and Indonesia[22]. The methodologies of these schools are distinct in that they combine different proportions of textual authority and analogical reasoning; the Hanbali's tend to prefer a more literal analysis of the sources than the other schools who would allow wider discretion when interpreting. Although external influences affected the idiosyncratic evolution of each school and this led to significant diversity throughout the Islamic world[23] the most important cohesive factor has always been the need to make law workable[24].

The phenomenon of talfiq coupled together with a more radical extension of ijtihad proved important in this respect. Talfiq is a principle according to which a judge belonging to one school is authorized to choose an interpretation from a different school of jurisprudence if it seems to fit the circumstances of a case in a better way. Talfiq allows a systematic comparison of all classical schools of laws and to reach a synthesis that combines their best features[25]. Although this patching process is not universally accepted by all scholars it has the potential to uncover the underlying flexibility within the Islamic legal system; it demonstrates the wide latitude of thinkers to reason appropriately in view of fact-specific contexts.

[7] Noah Feldman - Why Sharī'ah? - The New York Times March 16th, 2008 at 3
[8] Ibrahim Wade - Islamic Finance in a Global Economy - Edinburgh University Press, at 33
[9] Heba A. Raslan - Sharī'a and the Protection of Intellectual Property: The Example of Egypt , 47 IDEA: The Intellectual property Law Review 497, 2007 at 506
[10] Knut S. Vikør - Between God and the Sultan: A History of Islamic Law, Oxford University Press, 2005 at 33, however Wael Hallaq - History of Islamic Legal Theories, Cambridge University Press, 1997 at 12 argues that about 500 verses in the Qur'an are relevant to the law.
[11] Knut S. Vikør - Between God and the Sultan: A History of Islamic Law, Oxford University Press, 2005 at 33 holds that out of the 350 legally relevant verses only 180 are absolutely certain and not open for debate, the rest are probable or assumed.
[12] Id. at 37
[13] The most valued collections of Hadith are the ones of Muhammad b. Ismail Al-Bukhari and Muslim b. Al-Hajjaj.
[14] Heba A. Raslan - Sharī'a and the Protection of Intellectual Property: The Example of Egypt , 47 IDEA: The Intellectual property Law Review 497, 2007 at N52 quoting Mohammed Hashem Kamali - Principles of Islamic Jurisprudence, Pelanduk Publications 1989 at 240-241
[15] Ignác Goldziher, Bernard Lewis, Andras Hamori, Ruth Hamori - Introduction to Islamic Theology and Law, 1981 at 50
[16] Knut S. Vikør - Between God and the Sultan: A History of Islamic Law, Oxford University Press, 2005 at 56-60
[17] Bernard G. Weiss, Spirit of Islamic Law , University of Georgia Press, 1998 at 68
[18] Knut S. Vikør - Between God and the Sultan: A History of Islamic Law, Oxford University Press, 2005 at 1
[19] Id. at 31
[20] Id. at 7
[21] Although most scholars accept the difference in nature between the Qur'an and the Sunna, some scholars argue that Qur'an and Sunna together are the primary sources of law (see Heba A. Raslan - Sharī'a and the Protection of Intellectual Property: The Example of Egypt , 47 IDEA: The Intellectual property Law Review 497, 2007 at 505) and others consider the Qur'an as the only primary source of law, (see Knut S. Vikør - Between God and the Sultan: A History of Islamic Law, Oxford University Press,2005 at 32). Sometimes Qiyas is considered before Ijma (see again Vikør at 31).
[22] Knut S. Vikør - Between God and the Sultan: A History of Islamic Law, Oxford University Press,2005 at 11
[23] Ibrahim Wade - Islamic Finance in a Global Economy - Edinburgh University Press, at 34
[24] Knut S. Vikør - Between God and the Sultan: A History of Islamic Law, Oxford University Press, 2005 at 106
[25] Id. at 42
[31] Amir H. Khoury - Ancient and Islamic Source of Intellectual Property protection in the Middle East: A focus on Trademarks, 43 IDEA: The Journal of Law and Technology 151, 2003 at 165
[37] Amir H. Khoury - Ancient and Islamic Source of Intellectual Property protection in the Middle East: A focus on Trademarks, 43 IDEA: The Journal of Law and Technology 151, 2003 at 183-184
[42] Raymond Sarraute, Current Theory on the Moral Rights of Authors and Artists Under French Law, 16 American Journal of Comparative Law 465, 1968 at 465 describing moral rights as giving "legal expression to the intimate bond which exists between a literary or artistic work and its author's personality"

FROM : http://www.digitalislam.eu/article.do?articleId=2729
VII. Need for approval of the whole Muslim community

1. The West imposing itself?

The public perception of intellectual property protection is problematic. Intellectual property rights are often perceived as a Western idea in the Middle East. The association made with 'the West' is often negative, and this notion spreads over to intellectual property rights. Some take it a step further and argue that it is a new tool of the West to monopolize the economic system of predominantly Muslim countries other simply interpret forms of Western Laws as 'intrusion'.

There are two main reasons for this, first the West has historically oppressed the Middle East in a number of occasions, most notably at the time of the crusades and during colonialism .Second the western culture of doing business is perceived as immoral and corrupt. The resistance to bow to Western commercialism is the reason why in many respects intellectual property rights are often ignored and go largely unenforced.

Copying and counterfeiting are not perceived as legal wrongs, but as a means of extracting revenge from the West's relentless commercial conquest. The best evidence of this is that whereas the copying of Western products occurs all the time, local products are respected[104]. The United States Trade Representative Special 301 report[105] listed many Middle Eastern countries on their priority watch list for intellectual property infringement. In fact pirated compact discs and windows software versions are widely available on Middle Eastern markets. Western books are being translated and resold regardless of copyright issues and television programs continue to be rebroadcasted without permission. Not to mention the widespread phenomenon of counterfeiting of luxury goods, vehicle spare parts and pharmaceutical products. On the other side it appears that there is an underlying policy of fundamental respect for works and ideas of other Middle Easterners. Local software is not being copied, but this might be motivated by the quality - but what is more interesting is that gold merchants appear to respect the integrity of local jewellery designs and not copy them[106]. Is this a an informal code of intellectual property code when there is a local production nexus?

Illegal duplication and piracy are concerns that affect the whole world, but there are specific enforcement issues in predominantly Muslim countries. If governments would put more emphasis on the fact that the protection of intellectual property can be traced back to the fundamental concepts of Sharī'a and is not, as the common perception seems to show, a western phenomenon, they would gain more public support. Some steps in this direction have been taken; Mufti Taqi Usmani of Pakistan publicly stated that there are no express provisions in the basic texts which limit ownership to tangible objects and that copyrights, patents, and trademarks are legitimate claims to ownership which give their owners the right to profit from these claims[107]. In addition the Council of Islamic Fiqh Academy issued a resolution ruling that "nobody has the right to violate intellectual property claims"[108]. Putting emphasis on the fact that intellectual property rights can be reconciled with Sharī'a will result in an increased general willingness to enforce the laws that combat counterfeiting.

This is not to say that Westerners and Middle Easterners should perceive intellectual property rights, innovation policies and development issues in the same way; while western capitalism will continue to insists on exclusive self-interest and individual freedom, Islam has the potential to construe a notion of intellectual property protection within the broader religious principle that "all wealth belongs to God, who desires that it be owned equitably by all mankind"[109]. A change in terms of protection and enforcement of intellectual property laws in pursuit of economic development can come from within the Islamic culture and is thus not a borrowed concept.

2. Revival or revenge? The example of Saudi Arabia

This desire of juxtaposition towards the West has lead to an extraordinary revival of Sharī'a based legislation which in some places has taken the form of fundamentalism and modern imposition of classical standards. Fundamentalism in this context is to be understood as a return to the fundamentals and ideals of the early Islamic Age and its adaptation to modern conditions by the reinterpretation of traditional principles in the light of a modern reality. A quest for authenticity is the underlying basis for this new emphasis on rethinking the law in light of religious reasoning[110].

Saudi Arabia perseveres to maintain a legal system based directly on the Sharī'a, almost resembling the classical system. Sharī'a's principles are being applied in literal fashion and the legal system recreates the classical model with autonomous Muftis and Qadis. When ruling judges will generally follow the fatwas of the Muftis, they can use talfiq and choose whichever school they favour and practice individual ijtihad[111]. Saudi scholars tend to strictly and rigorously apply their understanding of Islamic law. Even within this rigor in following the letter of Sharī'a the protection of intellectual property rights finds a way of being recognized because of the support it can draw from the sources. This shows that regardless of whether Islamic law is understood and interpreted in a more modern and reformist way or in a more fundamentalist tradition intellectual property rights can be accorded protection.

3. Economics, trade and financial perspectives

The trade in global economies, modernization and the rise of importance of technology impact the Western as well as the Islamic world. Islamic norms on political and economic matters are crucial to the understanding that trade has to be promoted and that technology is part of it.

Commerce and trade are central to the Qur'anic tradition and positively encouraged by many Hadith. Prophet Mohammed's family was a family of merchants and trade was a highly praised and valued activity. Best proof of this is that the sources of Sharī'a explicitly legitimize private property, business transactions and commercial profit. However the norms regulating trade can be ambiguous and somehow broad if adapted to the modern context, therefore a sensible solution would be an attempt to reunite the spiritual and religious side of life with the political and commercial side. This is possible because, as discussed above, Sharī'a is not to be seen as a specific set of injunctions and rules but as a system that allows for rational thought and interpretation[112].

It is also useful to frame this analysis within a modern financial perspective, as the protection of intellectual property rights also functions to attract investments. The emphasis in Islamic banking is placed on a safer approach to risk and a careful analysis of the real value of an asset. When asked about investment strategies with regards to technology, which per definition involve intangible assets, Tariq Malhance, President of UIB capital, Inc. an Islamic financial institution investing capital in Sharī'a compliant projects, responded without hesitating that intangible assets have real value, depending on the demand. He dismissed any risk of gharar and held that a careful approach is always needed because all assets can turn out to have fluctuant and indefinite values regardless of their tangibility, but his point was steady: technology patents and other intellectual property rights can be freely traded and do not raise special issues within Islamic investment banking.


[104]John Carroll - Intellectual Property Rights in the Middle East: A Cultural Perspective, 11 Fordham Intellectual Property Media and Entertainment Law Journal 555 - Spring 2001 at 591 argues that original Arabic local software is sold next to pirated versions of foreign software in shops selling pirated material.
[105] The United States Trade Representative (USTR) is a compilation of countries that are perceived to have trade problems and is a generally cited source for IP development. The 2005 Special 301 Report is available at www.ustr.com. Egypt, Kuwait, Saudi Arabia and Lebanon figure prominently as countries in need of increased protection as result of devastating figures of money lost due to infringement. Also the 2001 Index of Economic Freedom, HERITAGE FOUND REPORTS (The Heritage Foundation) analyses piracy rates.
[106] John Carroll - Intellectual Property Rights in the Middle East: A Cultural Perspective, 11 Fordham Intellectual Property Media and Entertainment Law Journal 555 - Spring 2001at 11
[107] Justice Mufti Taqi Usnami - Copyright According to Sharia, at http://www.central-mosque.com/fiqh/Copyright.htm
[108] Resolutions and Recommendations of the Council of Islamic Fiqh Academy 1985-2000, Resolution No. 43 at 89 (Research and Training Institute 2000), available at http://www.irtipms.org/OpenSave.asp?pub=73.pdf
[109] Amir H. Khoury - Ancient and Islamic Source of Intellectual Property protection in the Middle East: A focus on Trademarks, 43 IDEA: The Journal of Law and Technology 151, 2003 quoting Syed Nawab Haidar Naqvi - Islam, Economics, and Society, 73 Kegan Paul Intl., Ltd. 1994 at 76
[110] Ibrahim Wade - Islamic Finance in a Global Economy - Edinburgh University Press, at 37
[111] Knut S. Vikør - Between God and the Sultan: A History of Islamic Law, Oxford University Press, 2005 at 264-269
[112] John Carroll - Intellectual Property Rights in the Middle East: A Cultural Perspective, 11 Fordham Intellectual property media and Entertainment Law Journal 555 - Spring 2001 at 9

 

[Islam!!yay]

:salam2:

Brother thanks for your post but its very very long. I dont know if it evens answers my questio. In,your humble opinion what do you think ? When it comes to youtube

 

[strive-may-i]

:salam2:

How about watching those same vidoes on youtube? Would that be considered legal? Or haram?

*My Opinion, its not a haraam/halaal ruling*

Watching haraam , is haraam. This is clear. If its something beneficial then yes you can watch it on youtube.

If the original content say Quran recitation or a talk on deeni matter was uploaded by a user, then its likely that the user wants you to download it and the uploader/recitor/shaykh have given all rights, except that you should not alter the words!

And watching a copyright infringed content hosted on youtube, you as a netizen can alert youtube... i found these
http://www.youtube.com/t/copyright_my_video
http://www.youtube.com/t/copyright_permissions

Hope this helps

 

[Islam!!yay]

:salam2:

these copyright laws are very confusing lol

 

[Ershad]

Walaikkum Assalam wa rahamatullahi wa barakatuhu,

Akhi, please watch these two videos where Shaykh al-Fawzan and Shaykh al-Albani explain islamic standpoint on Copyright and the impermissibility of harming the rights of another person that has explicitly stated that nobody has the right to copy or distribute his material without his permission.

The messenger of Allah, sallallahu alayhi wa sallam, said: "Whoever cheats is not from us." And in another Hadeeth, he, sallallahu alahi wa sallam, mentioned: "Muslims follow the conditions they agree to (in their agreements, contracts, treaties, etc.)" There are numerous verses of the Quran and Ahadeeth which establish the sanctity of the property of others

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[Islam!!yay]

:salam2:


Very informative brother Thanks!

But I ask you

Lets say I want to watch this full lenght youtube video.Its a documentary about the universe.The source of the video was originally A history channel or discovery channel network.Would it be permissible to watch those videos ? And would it be permissible to download for your own personal use ?

 

[Alex-]

If the video is made by history channel or discovery you should visit their websites. They stream many videos (with advertising to pay the costs). Episodes they don't stream are usually offered for purchase by way of dvds.

In my humble opinion downloading this video without some form of payment to the creators of the film is a form of stealing. The only way i myself can justify downloading anything for free is if the media is free to begin with.
However I know History channel and Discovery are both for profit organizations.

 

[strive-may-i]

Islam QA: Ruling on buying study notes for which the owner has not given permission for them to be copied and sold

Students often face this question :

From: http://www.islamqa.com/en/ref/163183

Title: Ruling on buying study notes for which the owner has not given permission for them to be copied and sold
My relative is asking me this question and is waiting for a response.
She has tests and she was making copies of notes belonging to another girl who had notes on a subject that my relative does not have.
When she asked her permission to copy the notes she had, the other girl apologised and said that the notes did not belong to her. When the girl left, my relative was surprised when the library worker gave her papers that were copies of the other girl’s notes. My relative took them and paid for them, but she does not want to start revising from them until she finds out the ruling. Please note that the notes are in her house right now, and I believe that they are the only source she has for revising this subject and she does not know the girl who owns the original notes.


Praise be to Allaah.
What the library worker did of copying the notes without the owner’s permission is a transgression and wrongdoing. It is not permissible for one who knows the situation to copy or buy these notes; if he does so, then he is a partner in the transgression and sin. Intellectual property rights -- such as written works and inventions -- are protected and belong to the authors; it is not permissible to transgress against them. For more information, please see the answer to question no. 129191

Based on that, your relative does not have the right to make use of these notes; rather she should return them to the library and get her money back. And she should advise the library worker and point out her mistake to her.

If she needs notes on this subject, she should look for them among her friends or in other libraries.

And Allah knows best.

Islam Q&A

 

[Akram Fakir]

I think copy rite system was not found in the time of prophet.
So there is no reference in Al Qur'an.I think you can find your answer
from this small talk