There is a common question whether it is permitted to copy or download digital music without paying for it. Very often a person wants to receive songs or even entire music collections from his friend, by easily sharing between two devices. The albums usually bear warnings and declarations that the producers are Makpid-forbid such copying. From a Halachic perspective, is copying an infringement on the rights or property of the recording artist?

Hacham Rahamim Sha’ayo, in his recently published Mehkareh Ares (Vol. 8:5-Listen to Audio for full Hebrew citation)) lays down a very decisive lenient approach. He holds that there is no problem whatsoever.

He argues that a person’s voice is not a tangible entity that is owned by him in a legal sense. Just as his appearance can be enjoyed by anyone, so too his voice. If someone was listening to a song in his friend’s car, can someone stop him from pulling out his tape recorder and recording that song? He declares that there is no precedent in rabbinic sources for ownership of voice, scent or appearance. Even though the singer is Makpid and issues various warnings, he cannot forbid that which has no Halachic basis.

However, he is stricter with regard to copying discs containing digital collections of books. He considers the books and the search mechanism to have enough substance to be owned. Therefore, they must be bought and not bootlegged.

SUMMARY

The common practice of copying music from one another has Halachic basis.