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What Is the fair Use Concept Regarding Copyrighted Material?

Answered as per Shafi'i Fiqh by Seekersguidance.org

Question: What is the fair use concept regarding copyrighted material?

Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

The fair use concept of the copyrighted material is the idea that such material may be used as part of educational service or others in a way that builds on the original material. Helping students analyze a poem or commenting on its content in a newspaper would all fall under the fair use concept.

Just reading the novel itself does not fit under the fair use concept because it is not transformative; nothing has been added to the original material.

Furthermore, this is all under the proviso that this use does not pose any real competition to the copyright owners.

Please see:
https://hls.harvard.edu/dept/its/fair-use-and-copyrighted-material/#:~:text=Fair%20use%20is%20the%20right,permission%20of%20the%20copyright%20owner.&text=It%20allows%20one%20to%20use,and%20benefit%20from%20their%20works.

If I were in your shoes, I would look for material that is not copyrighted, very cheap or get books from the library. Alternatively, you can contact the author and ask if they would mind you reading the books online.

I pray this helps.

[Ustadh] Farid Dingle

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language.

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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