Question: Copyright violation in Islam

[faaraa]

Assalaamu 'alaikum WR WB

I need a help.
I was truly hurt with many online Muslims 'coz some of them published my articles on their websites and magazines without putting my name. :/
First of all I never expect fame Na'oodhubillah but it hurts me when they take my online articles and publish it on their own , without mentioning the author's name.
For some of my pieces of work , I never mention my name; but for some I do mention 'coz I want my right.
When I questioned the authorities about their "Literal robbery", the answer they give is that I am a fame lover, if I am writing for the sake of Allah , then I should not worry about my name being published etc etc....
That gets worst every time they go and that never makes any sense !!
After all Islam has given us right to voice for our possessions no matter whether its a house or piece of paper.
One of my seniors asked me to write about an article on "Copyright violation in Islam".
I am searching points for that, will someone help me with it by providing relevant Qur'anic verses and Hadeeth or sayings of the righteous scholars or any material which would enlighten us more on this issue, Insha Allah ?
Shukran.

 

[Mabsoot]

wa alaykum salam wa rahmatullahi wa barakatuh,

There is copyright in Islam, and we should be respectful of authors wishes. What they said sounds awfully arrogant. They have no right to question what you want, because you spent your time and effort on doing something.

Do not allow this to slow you down, worry you, make you lose focus! Carry on. Have Sabr, and remember that Allah subhana wa ta'ala will always do justice for you, in this dunya or in the akhirah.

( will try add more later, must go)

 

[Mahzala]

When it comes to writing, you can make a distinction between the other acts we categorise as fi sabilillah, as an author knows, of any calibre, that their most valued possession is their name. And any experienced writer will tell you that at the end of the day, that byline is what makes the writer, and that everything on the continuum depends on it, from monetary factors, through to readership, and yes, through to being recognised for it. Your every word counts and you too count on their turnaround. As for your articles being used, it's theft, cheating, plagiarism and completely unfair. It's intellectual robbery. That is enough done to prove its worth in Islam, and justifying it has no base. For starters, put your name under everything you write, with the copyright sign, and it is enough to get you covered.

 

[Janaan]

Wa`alaikum salaam warahmatullaah.

You should do as Mahzala said and put your name on everything you write from now on inshaa'Alaah, as well the copyright sign.

[On a side note, I think I might've met a "copyright's extremist" the other day. She told me that some people were posting the 'same thoughts as her' on a forum she's on and they also use her style of writing/arguing/debating. She doesn't like it because they're stealing her thoughts and debating style? I thought it was pretty silly, lol, but she was serious apparently. Anyway...]

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

http://www.islam-qa.com/en/26307

Have a look here as well, same issue.