Legal and Ethical Considerations of Sharing

A few weeks ago, I was privileged as I am most Shabbatot, to attend Rav Benny Lau’s shiur here in Jerusalem. I have been reflecting on that shiur and its relationship to an issue that has been a source of reflection and discussion amongst my colleagues numerous times, in the recent past in particular- the issue that is legally and ethically referred to as “intellectual property.” The basis of these discussions and reflections were the questions, “When do I need to give credit to the source of the educational material that I am using?” When do I need to ask permission to use that material?”

The topic of this series of Rav Benny’s shiurim is “creating an understanding of our hakhamim” (my translation). In an effort to appreciate Rabbi Yohanan, Rav Benny referred to a few mekorot/sources, among them a quote from the Talmud Yerushalmi, Masekhet Berakhot, Perek 5, in which Rabbi Yohanan asks about his student Rabbi Elazar, “Why doesn’t he greet me when he sees me? Why doesn’t he quote me when he repeats what I have taught him?” I would like to focus on the second question, “Why doesn’t he quote me when he repeats what I have taught him?” A variety of answers have been offered. Rav Benny suggested that perhaps after having lost 10 children, his knowledge was his legacy. We do not learn that from the text. What we know from the text is that Rav Yohanan asks the question because it is important to him. He relates to what he has taught as his property which demands acknowledgement. And Rav Benny posed this question for reflection: “When do we need to acknowledge ownership of ideas?” (My translation)

Legal systems throughout the world have laws that define plagiarism and theft of intellectual property. Our Jewish legal system has laws and principles within its framework of genevat daat and hasagat gevul which deal with these issues as well. Both systems take into consideration factors such as personal or professional use, use of language and concept, packaging/marketing, time element (who produced it first?) and many more principles that I, who am not an attorney in any country am equipped to deal with. These are guidelines that are binding, not choice.

We as educators are driven by our mission “Lilmod ulelamed - To learn and to teach.” We teach so that our students -- whether they are children, teens, parents, community members or teachers that we train -- internalize what they have learned and pass it on. We ourselves attend lectures, shiurim, workshops, seminars… to enrich knowledge and understanding for our personal benefit and for the benefit of those we teach. When we pass on that knowledge and understanding, we need to ask “What are the conditions that we need to consider to assure that the process is halakhic, legal and ethical? “When do we need to quote the source of what we are passing on?” And although this question does not fit into the legal context, I would like to think that Jewish educators would include the questions, “Am I being respectful of the person and her/his ideas?” “Is what I am doing ethical?” Respect and ethics are not grey areas. They too, are binding not choice.

These are simple questions that are asked by many and not asked by too many. I would like to suggest that we make them priorities of our agenda to be respectful, ethical and legal in our dealings of “lilmod ulilamed.”