My friend and colleague, David Nimmer, and I planned to write a book together
about the Jewish law of copyright for almost three decades. Our project was seeded,
first, when we studied Talmud together as young lawyers in the early 1980s and, second,
when Benyamin Bar-Zohar, the rabbi who officiated at my wedding, informed
me about the existence of a Jewish law of copyright and lent me a manuscript by
Jewish law scholar Nah??um Rakover about rabbinic reprinting bans. Hence my first
debts are to Rabbi Bar-Zohar, without whom I might never have embarked on a study
of Jewish copyright law, and to my collaborator David Nimmer. Before David had to
drop off the project due to other pressing commitments, we studied sources together;
discussed ideas for the book at length; traded drafts, editorial comments—and many
jokes; presented our work at academic conferences; and wrote preliminary articles,
both jointly and separately. Portions of Chapters 6, 7, and 8, and of the Glossary and
Biographies, draw on David’s early drafts, and the entire book bears his inspiration,
guidance, and unending support. I cannot thank him enough.
As initially envisioned, our book was to be a basic introduction to the Jewish law
of copyright for our fellow students and practitioners of secular copyright law, who
are largely unaware that there even is such a thing as copyright in Jewish law. But
as our study deepened, so did our project. The book now delves far more rigorously
into questions of halakhic doctrine; the historical development of Jewish law and
external, non-Jewish influences on that development; the historical context in which
early modern rabbis enunciated a Jewish law of copyright; and parallels between the
Jewish law of copyright and its secular and papal counterparts. I thus hope that our
book will be of interest and use to students of Jewish history and the historical development
of halakha as well as secular copyright law.