Is Downloading TV Shows Legal? In the US


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Its an interesting dilemma this question. After all, is it illegal to record a TV program onto a video cassette or DVD? After all, it was broadcast over what amounts to a free-to-air medium (assuming it was not off cable)

So in theory, you could record all episodes of Stargate off TV and not be illegal.

However, is downloading exactly the same content off of eDonkey illegal, its just a different delivery method.

But in answer to your question, yes its probably illegal.

  bangbang023 said:
No, because only the copyright holder can determine who is allowed to distribute them or not.

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I'm going with bangbang023 on this one.

Even though you may be able to watch an episode on your TV and ever record it for later viewing, downloading of an episode is certainly a violation of copyright.

For one thing, cable fees are a large part of many station's revenue. If you decided against having cable in your house and downloading all of your TV shows then they would receive neither the cable revenue nor the advertising revenue (since the ads are likely to have been stripped out and you wouldn't be counted statistically as a viewer).

  Milamber said:
However, is downloading exactly the same content off of eDonkey illegal, its just a different delivery method.

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It's a delivery method that they don't get a piece of the action of. Cable and satelite subscriber fees, in part, offer significant revenue to many TV stations.

I serious doubt it is. Look at radio, you can listen to free music. But is downloading the same music legal? Nope.

Also, listen to the threatening disclaimers you get when you watch football, baseball, etc. on tv. You have to have "expressed written consent" to even record the game on tape.

No it is not. Also you are not suppost to record from the TV in the eyes of the law either. Just like if you have a radio in your car, you are not suppost to play it when other people are in there as it is only you who is paying for the right.

At least these are the rules in the UK, so i suppose the US could be different?

  Rich said:
No it is not. Also you are not suppost to record from the TV in the eyes of the law either. Just like if you have a radio in your car, you are not suppost to play it when other people are in there as it is only you who is paying for the right.

At least these are the rules in the UK, so i suppose the US could be different?

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I believe that you are allowed to record a television show in the US for your personal timeshifting use. I could be wrong, though...

I'm going to say no, because of all the licencing stuff that everybody else has said.

And also because so many shows release box sets, if you had a great digital TV rip, and got caught, they might say you were pirating the DVD.

It's illegal not only because you're redistributing the content without the permission of the copyright holder(s), but because most, if not all, downloadable releases of TV shows don't contain the commercials. Commercials are what pays for almost all TV broadcasts, so you're basically getting the show without paying for it, no matter if it was broadcast over the air for free or not.

Look at it this way: it might be legal to record a TV show to VHS/DVD for your own personal usage, but you can't start making copies of that tape and giving them to everyone in the world. That's the illegal part. You can record a TV show to your computer 100% legally, just don't redistribute it to anyone.

That being said, I've enjoyed watching the new seasons of Stargate SG1 + Atlantis and Battlestar Galactica. Thanks SkyOne for broadcasting it two months ahead of the US!

  kagaku said:
It's illegal not only because you're redistributing the content without the permission of the copyright holder(s), but because most, if not all, downloadable releases of TV shows don't contain the commercials. Commercials are what pays for almost all TV broadcasts, so you're basically getting the show without paying for it, no matter if it was broadcast over the air for free or not.

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Whether or not your physically see the commercials is a bit of a moot point. For all they know you could just be going to the bathroom every 15 minutes. You need to be statistically counted as someone who has seen the commercial. That's based on the Neilson ratings and then extrapulated for every cable/satelite user.

If you don't have cable and you're downloading the episodes then you won't be counted even if you see the ads.

As far as I can figure out (and this is without any kind of legal knowledge), any kind of recording is illegal unless you own the original, and the recording is for your own use.

EDIT: I typed this bit after the rest of the message, but it fits here. Like fred666 said, I think you can record for personal timeshifting use, but of course, it is for personal viewing, not lending/selling to someone else. My reasoning for this is that you pay a t.v licence (you should, anyway), and you pay for the ability to view things like Sky. Therefore, you have paid for the right to view the channel 24/7 if you wish. So, if you want to record something for later viewing, it should be alright, so long as you don't keep it.

But over time, things have become regarded less and less as major crimes. Lending books is still illegal, yet if you tried to turn yourself in for it, the police would probably just laugh at you. People don't really care if you record things from the radio for your own use.

Music distribution on the internet is a big thing right now, with things like the RIAA trying to stop it. But like these things before, there will probably be an end, where people just turn a blind eye to it. After all, thats what the public is doing now, isn't it? If someone told you "Oh yeah, I downloaded this really cool song the other day", you're hardly going to react the same as if they had said "Oh yeah, I killed some guy the other week while I was on Heroin".

I'm sleepy, so this might not have made much sence. I apologise...

EDIT: Bugger, I forgot to answer the question :p

From what I have written, I would then say that downloading an episode is illegal. you didn't own the original and you didn't necessarily pay to have the right to view it at the time it was recorded. I also think that being caught downloading it will be taken very seriously, because it would be like downloading a film, wouldn't it?

Wow...I really need to go sleep...

  msing said:
Does this mean TiVo's are illegal?

You are recording the shows right?

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I believe they are covered by your right to record a television show (in the US) for your personal timeshifting needs.

  msing said:
does this mean TiVo's are illedal?

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Suits have been filed against them, but I wouldn't use Tivo anyway as they record and send your viewing habbits.

It is illegal, but they don't really go after people unless they are sharing stargate episodes or episodes ripped from DVDs.

  PseudoRandomDragon said:
Suits have been filed against them, but I wouldn't use Tivo anyway as they record and send your viewing habbits.

It is illegal, but they don't really go after people unless they are sharing stargate episodes or episodes ripped from DVDs.

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I think the basic use of TIVO is okay but not the distribution to other people. I think some TIVOs can network, can they not?

I remember this in a thread a while ago. Technically you can record off the tv for your own viewing pleasure. However according to the law you cant give your friend a copy of last nights show to watch because thats illegal. That would include downloading so yeah. Quite dumb IMO.

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