Is it really legal to record a TV show or a movie shown in a TV network? I know it is illegal to share it, but what is the definition or the range of the word "sharing"? I cannot share it online, but what if I only share it with a friend?
Wayne Parham Messages: 18796 Registered: January 2001
Illuminati (33rd Degree)
This falls into what is known as "fair use" in copyright law.
Without getting overly technical, I will tell you that "fair use" is determined largely by scope and intent.
If you record a show for the purpose of watching it later, that is considered "fair use" as long as it is for personal viewing and not for distribution.
Thanks for the clarification. So as long as I don't distribute or get income from the movie or TV show, then I can share it. Will I be liable as well if ever that friend of mine distributed it wherein that friend got the copy from me?
Wayne Parham Messages: 18796 Registered: January 2001
Illuminati (33rd Degree)
It is considered "fair use" to make a copy of a broadcast program as long as you are using to essentially "time shift" - to be able to view the program at a later time. And your purpose must be personal and not commercial. Commercial use doesn't necessarily require you to get direct financial gain. For example, if you show films at your workplace for your customers to enjoy while they do business with you, this is commercial use, even though you didn't change them to see the show.
But as long as you are copying material just for personal use at a later time, that's fair use.
As to your other question, whether you'd be liable if you gave a friend a copy and they used it commercially. You would be liable for distribution of the one copy. You do not have the right to do that. But you wouldn't be liable for their commercial use, which may cause the copyright owner much greater damages.
Think about this though too: Anyone can sue anyone else for anything. Let's say your friend took the copy you gave them and somehow earned thousands of dollars with it. And then suppose the copyright owner sued them for big money damages. Could your friend blame you for part of the damages and sue you? Of course they could. Would they prevail? Probably not. And if you spent a lot of money defending yourself and were found faultless, you could sue them back for attorney's fees.
In this litigious society, it's best to avoid "friends" like that. Especially now that we've added "social media" to the list of ways we can enmesh ourselves in senseless controversy.
I couldn't agree more. Friends, and sometimes even family members, will easily point fingers to us when they are caught doing bad things.
So what about music, I can listen to any songs or music on the internet without paying a royalty to the composer or singer by the person who uploaded the music.
You can listen to the songs but you can't earn profit. I can't upload a song by Taylor Swift to YouTube, switch on monetization and make money off the ads. I can make and share a lyric video though (with no ads). I can buy a membership to Spotify and listen to unlimited songs for "free" but the artist is being paid royalties from Spotify each time a user streams their song.
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