Recently, the Beth Din of America, one of the most highly regarded rabbinic civil courts in the U.S., issued a formal ruling, or psak, in the case of a corporation that published a slide deck without asking permission from, or crediting, its author. The Beth Din ruled against the publishers, relying primarily on the halakhic principle of dina d’malkhuta dina, or “the law of the land is the law.” The occasion prompted Rabbi Shlomo Weissman to author this brief historical overview of the halakhic approach to copyright law, rooted primarily in the principle of hasagat gvul (literally, “moving back a boundary”), which governs all manner of encroachments on the rights of another:
The printing press was invented in 1440, making it possible to offer books to a mass market and sell them. In the early days of printing, there was nothing to stop a publisher from using another person’s work without permission and to make money from it. The need for legal protections around intellectual property became apparent almost immediately.
In the non-Jewish world, intellectual property protections historically took the form of royal privileges. These privileges, granted by the king, were often printed at the front of a book and explicitly prohibited the unauthorized reproduction of the work for a specified period.
How were seforim, [sacred texts], protected? They were often granted haskamot, [letters of approval], the forerunner of rabbinic approbations that appear at the beginning of modern day seforim. Haskamot were issued by [rabbinical courts] and in many ways they functioned similarly to the royal privileges of the time, prohibiting reproduction of the work for a set period of time.
Halakhah conceived of a generally applicable legal framework for prohibiting the unauthorized reproduction of another person’s work from the time of the very earliest haskamot, dating to the early 1500s. In contrast, no standardized intellectual-property law for protecting authors’ rights existed in Europe until the enactment of the [British] Statute of Anne in 1710.