Found an issue on this page? Let us know and we will look into it as soon as possible.
Though ethically questionable, is it illegal to VIEW copyrighted material, such as music, movies, TV shows, books, etc. online?
Anonymous4 views3 answers
It was my understanding that the definition of copyright infringement states that "copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner." That being said, what is the legal standing on simply viewing such material online?
I have been getting alot of mixed answers on this. One of them being that if you watch a video, it automatically gets downloaded to your computer, which could be viewed as copying the file. Yet, I don't see how that could be the case; that would make viewing any video on the internet illegal, because you would be "copying" that video. For example, if I went on YouTube and watched someone's home movie that they uploaded, then it would, in the same effect, be downloaded to my computer, and would thus be "making a copy" of it. Although I have not read the entire Terms of Service of YouTube yet, I did not see anything about anyone having to consent to this when I looked over it. Therefore, the owner of that video would have the right to sue every viewer of the video for copyright infringement, and would thus make YouTube illegal. Actually SAVING the video, whether it be for rewatching, redistributing, or any other form of direct infringement, is entirely different. Also, I don't see how being an accessory to it could fall into this either. Say for instance, I went over to a friends house and he was watching a bootlegged movie. If I decided to watch it with him, how could I be an accessory--or even a liability--for him bootlegging the video? All I did was watch, and I didn't participate in any crime. So, then, how could viewing a movie or a TV show online be considered illegal, if it is?
I won't pass on the ethics of watching infringing copyrighted material via the internet. As far as the legal analysis, it is straightforward: Even though a transient buffer copy of some or all of the audiovisual work being watched is made by the computer being used, that transient copy is not of sufficient duration to be a "copy" under copyright law. Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F. 3d 121 (2nd Cir.2008) at http://goo.gl/kQwUw . So, no, simply watching infringing copyrighted material via the internet does NOT violate any of the copyright owner's exclusive rights in the copyrighted work.
I agree with Mr. Ballard. The exclusive rights held by a copyright owner do not include the right to view the copyrighted work. So you don't infringe a copyright merely by looking at it. You must do more.
Ordinarily, when a consumer "views" content broadcast on television or streamed through the internet, such "viewing" does not constitute copyright infringement, even if broadcaster or owner of the internet-streaming web-site did not have a license to perform or distribute the copyrighted materials. However, if a consumer downloads (or uploads) a copy of a copyrighted video on his computer without permission to do so, and the consumer then views the video, the downloading and viewing constitute copyright infringement. It remains illegal to download a copyrighted movie or video from a file sharing web-site (such as a bit torrent web-site) unless the consumer has permission from the copyright owner to "save" a copy of the video on his computer.
Further, if a consumer knowingly uses a web-site for purposes of circumventing copyright controls and obtaining access to illegal, bootleg materials, I believe the consumer can be held liable for direct and contributory copyright infringement, as well as circumvention under the Digital Millennium Copyright Act. I also believe that if you view the bootleg video with your friend and get caught, you could properly be pursued as an accessory for contributory infringement.
