streaming copyright material legal ?

6 replies
Found 2nd Nov 2016
there have been a number of decisions in the EU on streaming of copyright material.they are saying that streaming but not saving the item is not a breach of copyright law. it's the retention of the item that is a breach of the law apparently.

using iplayer now needs a tv licence even when it's not being broadcast at the same time. however, if you stream a bbc program without iplayer is that still legal ?

  1. Ask
  2. Streaming
6 Comments

Original Poster

just for further information....

In Europe, the Court of Justice of the European Union (CJEU) has ruled that it is legal to create temporary or cached copies of works (copyrighted or otherwise) online.[1][2] The ruling relates to the British Meltwater case settled on 5 June 2014.[3][4]

The judgement of the court states that: "Article 5 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the copies on the user’s computer screen and the copies in the internet ‘cache’ of that computer’s hard disk, made by an end-user in the course of viewing a website, satisfy the conditions that those copies must be temporary, that they must be transient or incidental in nature and that they must constitute an integral and essential part of a technological process, as well as the conditions laid down in Article 5(5) of that directive, and that they may therefore be made without the authorisation of the copyright holders."[5]

which basically means streaming to watch but not keep is legal

As with all things in the law you have to get your wording correct. Judges are paid very well to decide on matters where there are different opinions related to "meaning" of the law and part thereof.
So, it is my understanding that you need a TV Licence to watch any BBC programme on iPlayer - live, catch-up or on-demand. It could be argued those words are ambiguous insofar as do the words
A) solely refer to the iplayer product OR
B) do the words after "live," refer also to other products and services?

Sometimes, it is necessary to forget things like technology when determining the answer. Do people who watch such BBC programs without a Licence gain something over those who do watch with a Licence? Is it the intention of parliament that everyone who watches content "provided" by the BBC should pay for it in some way?
I acknowledge what the CJEU has said - but was it asked the questions without any regard to Intellectual Property rights?
And of course there are the moral concerns which cannot always be covered by law. I would have thought every person has a right to be paid for the things they create, produce, etc and it is not right for someone to "steal" such things.
Edited by: "tardytortoise" 2nd Nov 2016

Does it matter? If you watch BBC stuff you should probably pay for a tv licence if you want to do the 'right' thing. If you don't want to pay for anything then go right ahead and download and stream all the copyrighted material you like. I don't think anyone has ever been charged for doing so.

Original Poster

tardytortoise

As with all things in the law you have to get your wording correct. … As with all things in the law you have to get your wording correct. Judges are paid very well to decide on matters where there are different opinions related to "meaning" of the law and part thereof.So, it is my understanding that you need a TV Licence to watch any BBC programme on iPlayer - live, catch-up or on-demand. It could be argued those words are ambiguous insofar as do the wordsA) solely refer to the iplayer product ORB) do the words after "live," refer also to other products and services?Sometimes, it is necessary to forget things like technology when determining the answer. Do people who watch such BBC programs without a Licence gain something over those who do watch with a Licence? Is it the intention of parliament that everyone who watches content "provided" by the BBC should pay for it in some way?I acknowledge what the CJEU has said - but was it asked the questions without any regard to Intellectual Property rights?




yes, that may be the desire of the British government but it isn't the result. so making any assumptions on their intentions is irrelevant if it isn't the law. the point being that the law has to specify anything included in the terms of reference of that law.

Who cares? If you want the content then pay the costs that make it possible.

Or if you object to the way those costs are levied then stand up for your principles and go without, rather than looking for legal loopholes to try and have you cake and eat it.
Edited by: "EndlessWaves" 2nd Nov 2016

Original Poster

EndlessWaves

Who cares? If you want the content then pay the costs that make it … Who cares? If you want the content then pay the costs that make it possible.Or if you object to the way those costs are levied then stand up for your principles and go without, rather than looking for legal loopholes to try and have you cake it eat it.



personally I very rarely watch anything on BBC or terrestrial TV at all. I don't even have an aerial plugged in. I tend to watch american programs that aren't being broadcast here or are several seasons behind in the UK. this post is from a conversation with a friend and not relevant to myself.
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