Obtaining architectural plans while bypassing the seller | Trade and commerce | Ask the Rabbi - SHEILOT.COM

Obtaining architectural plans while bypassing the seller

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Question

Hello. An apartment was purchased, and the seller has architectural plans for it and is demanding money for them. The buyer can obtain these plans from the architect at no charge. Is he allowed to do so?

Answer

Shalom u’vracha.

This is forbidden, and one must pay the seller for the cost of the plans.

Source

There is a concept called “copyrights,” and if he paid for it, it belongs to him. The fact that he cannot sell it on the open market because it is worthless to anyone but him does not permit stealing it. See Choshen Mishpat 363:6 in the Rema, where it states that we do not initially apply the rule of compelling someone not to act with the trait of Sodom. (See also Netivot HaMishpat 148:1, who innovated that an item that has value only for one person and is not sold on the market has no monetary value; however, other poskim disagreed with him and ruled that even an item whose entire target audience consists of only one person still has value).

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