Islamic Ruling on Downloading Copyrighted PDF Books and Paywalled Research Papers

Answered by Mufti Naved Akhtar ·

Question

What is the islamic ruling on downloading of PDFs which are copyrighted, I've heard that it's prohibited but couldn't gain a scholarly opinion on it

Response

Assalamu Alaikum wa Rahmatullahi wa Barakatuh.

We apologise for the delay in responding.

In principle, Islamic jurisprudence recognises and protects the legitimate intellectual property rights of authors and publishers. Therefore, violating these rights through unauthorised reproduction or distribution is impermissible.

However, a distinction must be made between downloading a book for personal reading and reproducing or distributing it without authorisation. Mufti Muhammad Taqi Usmani has explicitly permitted making copies for personal use, distinguishing this from the unauthorised commercial reproduction of copyrighted works.

Accordingly, downloading PDF books for personal study is permissible when they have been made available by their authors, publishers, or authorised platforms. One may also download books from reputable digital libraries where there is no reasonable indication of copyright infringement.

However, if it is known that a copyrighted book has been uploaded without the permission of its rights holder, one should refrain from downloading it, particularly when it is a recently published book being sold commercially. The mere availability of a PDF on the internet does not establish that its distribution is authorised.

As for older books, if their copyright protection has expired, their original texts may be freely downloaded and read. However, recent editions containing new translations, critical editing, annotations, or other original scholarly contributions may have separate copyright protection, which must be respected.

These principles apply to both religious and secular books. Although religious knowledge itself cannot be privately owned, the legitimate rights arising from an author's particular research, compilation, and scholarly efforts remain protected.

In conclusion, downloading copyrighted PDFs for personal study is not inherently prohibited. Mere uncertainty about whether a PDF has been uploaded with the rights holder’s permission does not render its download impermissible. Nor is one required to investigate the authorisation status of every book available online. However, where there are clear indications that a PDF has been uploaded without permission, one should exercise caution and refrain from downloading it. The legitimate rights of authors and publishers must be respected, and permission for personal use must not be treated as permission for unauthorised reproduction or public distribution.

And Allah knows best.

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