Legal Question in Entertainment Law in California

File sharing, TiVo and Netflix
What is the legality of downloading and sharing television shows that are publicly aired on mainstream networks? Shows that air on non-cable networks such as NBC, CBS, ABC and etc, are free to be viewed by anyone with a TV, and with the increased popularity of TiVo, and the ability to record any one of these shows to watch over and over again (without having to pay for anything other than the TiVo) is there really a case for downloading and sharing such readily available and basically FREE material in the first place? In addition, I do not understand with all the talk of how file sharing is illegal, how something like Netflix or Blockbuster is. Do movie rental houses send money to the based on how many times a movie is rented? A place like Blockbuster purchases a DVD and then turns around and rents it for roughly $5. After several weeks, Blockbuster has not only paid for the cost of the DVD, but already begun to profit as well. What is legally stopping me from going out to Best Buy, purchasing a $20 DVD, and then loaning it out to people to make a profit? I am quite curious how ''legal'' services like TiVo and Blockbuster, which are profiting, are not even questioned, and file sharers, who aren't making a dime, are targted.

Asked on 7/17/07, 12:52 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

0 users found helpful

0 attorneys agreed

Re: File sharing, TiVo and Netflix

The issue isn't about whether the content is FREE, it's about copying.

The rental companies pay for each copy of the video they have in inventory.

Tivo is permitted for NONCOMMERCIAL use, because the user is permitted to copy the program for the purpose of time-shifting the programming, not to make or distribute copies to third parties.

File Sharing involves making and distributing unauthorized copies of the material. Each copy made represents money LOST to the owner of the copyright.

TV broadcasters may not charge viewers for the programs they air, but they definitely make money... the advertisers pay.

Answered on 7/17/07, 4:19 pm

Mark as helpful