Is It Legal to Download Television Shows?

Technology and copyright protection laws are not always on speaking terms, so it's difficult to say whether you can legally download television shows with any sort of finality. Some legal analysts suggest that consumers who download television shows are clearly in violation of existing copyright laws. Others equate the practice with videotaping or digitally recording broadcasts for later personal viewing. Currently, the most common methods used to download television shows are very similar to file-sharing systems already being challenged in courts around the world.

The technology to download television shows definitely exists, and sales of the equipment have not been outlawed. Through a digital recording device marketed as TiVo, users can download television shows onto a recordable DVD format called digital video recorder (DVR). Not only does TiVo allow owners to download television shows; it also allows for the editing of commercials and real-time pausing. The use of DVR disks to download television shows falls under the same protection as using a video cassette recorder (VCR). The user agrees not to distribute the recorded material commercially, and all viewing is to take place in a private home.

With the advent of streaming video and broadband Internet services, however, the legality of downloading television shows has become less clear. Producing a primetime comedy or drama can be a very expensive venture for network executives. Creative artists such as writers, directors and actors must be compensated for their skills. Technical expenses must also be recouped.

Finally, there is the question of copyright, which is designed to establish legal ownership of the show as a creative work. While networks recover many of these expenses through the sale of advertising, sometimes the profit margin is surprisingly thin. When someone decides to download television shows through a file-sharing website, the legal owners of those shows lose some potential revenue.

This is the problem one faces when deciding on the legality or illegality of downloading television shows. It is currently legal to use a digital recording device to download television shows for private viewing. In a copyright law sense, it may be illegal to download television shows from any source not authorized by the legal owners of those shows to distribute that content. One can choose to download television shows offered through authorized services licensed by the owners. Most of the major broadcast networks in the United States now have websites which provide subscribers with downloadable files of selected programs.

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15
The price of software/media has nothing to do with piracy because software as cheap as $5-$10 gets downloaded illegally. People like getting stuff for free, that's all it is. It won't make a difference if they lower the cost of the product.

If you can't afford expensive software, take a look at open source alternatives. There are lots of free software for windows or even have a go at linux.

Music on iTunes is $1-$2 per track and that's not asking a lot.

Movies are $10-$20, and you could even rent a film from video rental shops for a lot cheaper.

While downloading this stuff off the internet for free by peer to peer networks is not stealing, it's copyright infringement and you can still get into trouble for it if you're unlucky.

A lot of people don't even realize what they're doing is illegal.

you won't get into serious legal trouble unless you actually upload content to P2P Networks, however.

- anon69455
14
all I know is that I have gotten a warning from my cable company/isp about downloading trueblood from HBO, but have never had an issue with other stuff, Office, 30 Rock (non pay channels)etc. This is confusing to me because The Office and 30 Rock are sold as DVD's after the show is aired, but free to stream on their website, etc.
- anon62742
13
As another non US resident, it is frustrating to try to deal with all the available content to be told it is not currently available outside of the USA. Netflix is one example.

What difference is my payment versus a US residents payment as far as the film or show getting their cut? I cannot subscribe to direct tv or dish network. Once again my money is no good? I think the whole industry is making trouble for itself by not opening up.

Piracy will continue until media is easy and affordable. On the other hand it could mean the death of cable companies also.

- anon61548
12
I have just set up my PR agency in Bangalore, India called 'Nucleus'. Often national tracking agencies don't cater to clients who want local news tracking of their stories. I am planning on starting this myself.

I have figured out how to record and edit news stories aired on the channels but am not aware if there are any permissions required for it as there are probably of 2/3 companies in this business and it's a closely guarded secret. Please guide if you can. Thanks in advance.

- anon60645
11
Downloading TV and movies are essentially time shifting. I would say though that time shifting probably only applies if you already have access to or pay for a service that would have shown the program in the first place.

Recording an episode of 'The Office' by VCR or DVR (and eventually transferring to whatever media for your personal use) is clearly allowed by the Betamax decision. It's free and over the air. You pay for it by watching the commercials - which is another issue altogether - the revenue model no longer works with the invention of the DVR and Net but that doesn't make it illegal.

I pay for HBO and can set my DVR to record, say, True Blood. So what's the difference if I download it off of the Net and simply save myself a couple of steps to transfer it to the format I'm allowed to use it in according to Fair Use?

And to take the Dexter example from the other comment. I don't subscribe to Showtime but could order Dexter on Netflix or stream it on my PS3 or PC instantly. My point is there's minimal difference about *where* it comes from when I'm paying into 'the system' at multiple points - notwithstanding that the people making available Season 4 of Dexter on the Net are technically doing so illegally.

Although legally speaking I don't see any difference (besides the scale) of buying a DVD and then loaning/giving it to a friend (which is legal) versus giving it to your 'virtual' friends via P2P (not legal). Interestingly, there's been no claims of damages through the exchange of media via closed/private networks.

The big difference is convenience, which corporations haven't figured out yet as they try to grasp at the last straws of revenue. If they don't figure it out soon, they'll find themselves in the same positions as print newspapers are in now primarily because of Craigslist.

- anon59061
10
Thank you anon26783 for helping me understand this. I have been trying to find a good article on this subject forever. Now the search is over, and i can eat again :)
- anon56133
9
I have been done for downloading Dexter (season 4) via bit torrent. I just received an email from my ISP, telling me that if I continue to do this, they will disconnect me. The complainant is Showtime US.

I am not in the US, I am in Australia. Dexter is shown here late at night and is only currently up to season 3. So reasonably, if I wanted to, I could record it on a VCR or DVR late at night and edit out the ads etc. and watch it for my own personal viewing. I'm sure this is something the majority of us do. And as far as Australian law is concerned, it is something not pursued, even though it is a grey area of legality.

So I am allowed to tape Dexter late at night at home, but I am not allowed to download later episodes at home. It doesn't make much sense.

Another thing is that some movies, especially older ones, are unavailable in Australia at the video shop or online to buy in the Region 4 format.

I sometimes download these shows and unavailable movies so that I can have it for me and my family to watch. I don't copy them multiple times and give them out, or sell them on, to others. They are for personal viewing only.

So what are the international laws regarding the downloading of movies/tv shows? Showtime US said I could buy the episodes from their website, but when I went there they said I couldn't because I'm not in the US. So I'm in a catch-22.

I would pay for them, if the cost was reasonable, as I am quite addicted to some of these shows and they are either not shown on free-to-air TV for many years (they are on pay-TV but I don't have or want it), or they are not shown at all.

Does Showtime US have the right to hassle a non-US citizen?

As soon as I finish downloading the movies/tv shows, I move them out of the download folder and onto my own personal hard drive, meaning there is minimal sharing on my part (occasionally I am a seed while I'm still downloading - can I disable this mechanism?).

I thought it was legal to download as long as I am a) not being a seed (uploading), or b) not making multiple copies and selling them on.

It's so hazy and the laws are not keeping up with the technology. Please post here if you can answer my questions. Thanks.

- anon55206
8
but what are the ramifications of posting such a circular argument which is designed to explore the intricacies of the english language? Surely this approach is frustrating to the uneducated masses?
- anon52783
7
Let's say that a certain channel named WK44, airs an episode of smallville. I mr. A and my friend mr. B owe a TV subscription for viewing the channel and all of its programs. If my friend mr. B was at work the night that smallville episode was aired and he asked me to tape or tv-rip the episode for him and then send it to him through a p2p technology in an passworded .rar archive, can this be called illegal? For me the obvious answer would be, *no*. If i and my friend pay a monthly subscription to view this channel and if we don't use the recorded shows for commercial purposes, then we are also very much entitled to watch something I paid for no matter when and through what means. Unless tv companies expect us to quit our jobs in order to view our favorite shows.
- anon49094
4
Copyright protects the right of *distribution*. You are not legally entitled to *distribute* the content unless you have permission of the copyright holder.

In a straight "online download" situation (ignoring P2P programs where you are *also* sending the file to others), the downloader is not breaking the copyright in any way. The server you're downloading it from may very well be, but the *downloader* is completely in the clear, legally speaking.

- anon26783
3
The legalities of downloading a tv show or other such form of media is an interesting discussion topic. The legalities and ramifications of acting on such questions and answers thereof make for a challenging opportunity in seeking the correct and relevant answers to such questions of legalities, is it legal to..
- isitlegal
2
Nice. As clear as the muddied waters of TV copyright law can get. Thanks.
- anon20619
1
Thank you so much for this extremely useful and succinct article. I have not seen another article as clear on the topic of downloading TV shows.
- anon4558

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Written by Michael Pollick
Last Modified: 08 March 2010

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