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Fatwa CenterPermissible use of copyright material
Question
My friend got a set of copyrighted text books (supposed to be sold by a tuition center) from her friend who bought it. As I am preparing for an exam, she gave me this new set of books including a copyrighted CD in which it is clearly mentioned that it should not be distributed. But as it is a new copy (I broke the seal) it was not used before me by anybody. My question is: can I use it as I didn't buy it but was gifted by someone else and after my studies can I give it to my friends who need it. We are not selling it but only trying to help each other.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
We have already issued Fatwa 82812 clarifying the ruling that it is forbidden to copy and distribute copyright materials.
As regards benefiting from such copyright materials by borrowing them or gifting them, then we do not see any harm in this. If a person buys an original copy, it becomes his property, so he is entitled to gift it or to lend it. The production company has no right to put a condition on a buyer that he is not allowed to gift it or lend it. Indeed, the jurists 
stated in their books when mentioning the conditions of sale that if the seller puts a condition on the buyer that he is not entitled to gift the item or to sell it, then such a condition is not valid.
Therefore, it is permissible for you to borrow the book or the CD from its owner as it is permissible on the latter to gift these books or CDs.
Allaah Knows best.
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