Q: How long does a person who created "intellectual property" have halachic rights over it?

A: According to the opinion (discussed last week) that a person has ownership over his intellectual property, there is no time limit to his rights, just as there is no time limit to his ownership of tangible property.

According to the opposing opinion that there is no ownership and that halachic monetary rights are rooted in other reasons (as will be discussed in future article, be"H) – there is a time frame.

For example, if rooted in dina d'malchusa or minhag hamedina – the time frame would parallel that of secular law. In the U.S., this is 20 years for patents and lifetime plus 70 years after death for copyrights.

If based on hasagat gevul or similar reasons – the time frame would depend on the amount of time needed to recover the investment cost and earn a reasonable profit. Many early approbations mention a time frame of four to ten years, or until the first printing was sold out. The Heidenheim machzor, which entailed a great investment, was granted protection for twenty-five years! (Emek Hamishpat, Zechuyos Yotzrim, Intro. ch. 14