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Imagination cannot be copyrighted

Question

Assalamu alaikum, According to Fatwa 82653, a person can copyright one of his creations. I am a bit confused about this Hadith, "Whoever takes hold of a lawful thing before others, he has more right to possess it than others". Does it apply to imagination? Can someone copyright an imagination because he imagined it first? For example, say there is a movie which is based on an imagination. Now does the maker of the movie own the right to that imagination as well (that is no one can imagine that without his permission)? Or does he only own the right to that movie and no one can distribute that movie or make profit from it without his permission, but he does not own the imagination and anyone is free to imagine about the movie? Thanks.

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The Islamic Fiqh Council resolution reads: “Business names, brand names, business logos, copyrights, patents and inventions are special rights of their owners, which have a legal monetary value in contemporary customs because people purchase them, and these rights are protected by the Sharee’ah, so it is not permissible to violate them.

However, mere imagination about what others produced is not forbidden and one cannot be prevented from it and it is not considered violating the rights of others.

Allaah Knows best.

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