I run an mp3 gmach. Someone found out about it and gave me a set of Dial-A-Daf Shas on CDs. He paid for it, but gave it to me for free. Can I use these shiurim in the gmach? Also, is there a hard and fast rule about giving away digital media like this that was purchased (either by myself or a third party) so I don’t have to ask shailas in every circumstance, or is that the best way to proceed?
Good Vuch,
Noach
Answer:
The shiurim should not be posted on the g’mach without permission from the copyright owners.
Although there are different opinions concerning the status of copyright protection in halachah, copying that places the item “on the public domain,” and which is therefore liable to cause a loss to the producers, should be avoided.
You can ask the producers if they object to placing the shiurim on the Gemach; it is possible that you will be able to reach an arrangement.
It is hard to give a hard and fast rule concerning these matters, but in general wherever a copyright infringement is involved it is best to avoid the infringement.
