Many authors of works of Torah literature add a sentence in the title page declaring that the purchase of the book is made on condition that the buyer does not copy any pages from the book. The material in the book is formally copyrighted, and the buyer is advised that photocopying any of the material constitutes a revocation of the sale.
The question arises as to whether this prohibits the buyer from photocopying pages for convenience or personal use. For example, one may wish to photocopy some pages so he could bring them with him to read without having to bring the entire book. Similarly, some students photocopy pages so they can write notes in the margins as part of their study. Is photocopying for this purpose allowed, in spite of the condition stipulated by the author?
Rav Eliezer Waldenberg (Israel, 1915-2006) addresses this question in his work Sitz Eliezer, and rules that it is permissible to photocopy pages from a book of Torah literature for the purposes mentioned. He explains that the condition that the author imposes on the sale is intended to prevent people from photocopying the material for commercial use. The author seeks to ensure that nobody will use his material for profitable gain, and therefore hinges the sale on the condition that the material is not copied. He presumably would not object to buyers photocopying pages for personal convenience and the like. Furthermore, the Shach (Rav Shabtai Hakohen, 1621-1663) rules that there is no concept of "theft" with regard to words of Torah. The Shach discusses a case of a person entrusted with somebody else’s Sefer Torah, and the owner stipulated that the person watching the Torah cannot copy from it. According to the Shach, the owner cannot prevent the individual watching the Torah from using it for personal purposes, because Torah cannot be "stolen." The Sitz Eliezer notes that if this is the case regarding somebody else’s Torah, then it certainly applies in the situation under discussion, where somebody purchased and now owns the book. Additionally, if the sale is revoked, then the author must refund the money spent by the buyer. He certainly has no interest in doing so, and therefore the sale is undoubtedly valid even if the buyer photocopies some pages.
Rav Waldenberg adds, however, that one who photocopies pages from a Torah book must ensure to give proper credit to the author, rather than taking credit himself for the material.
Summary: It is permissible to photocopy some pages from a book of Torah literature, provided that this is not done for commercial use, and that credit is given to the author.
