He said the fair use defense for most people doing this is "pretty good," though it depends largely on the circumstances. And I think that the best case for streaming comes in that last category, where somebody who legally has access to it is sharing it with a small group so they can watch together." "There is-let's call it the 'small uses,' the quotations and quotes and clips there is 'satire, parody, transformation ' and there is one thing I think of as 'reasonable, normal consumer uses,' which can include all media, provided it's very personal and appropriately limited to things you already had some kind of access to. "Fair use comes in a couple of flavors," the professor said. However, Grimmelman explored some possible defenses, the most effective of which he thinks is simple fair use doctrine. The courts shut that argument down, ruling that Aereo was engaged in public performance, which means Zoom and Discord users streaming movies today (not to mention the companies themselves) might find themselves similarly subject to the Copyright Act. Aereo argued that it wasn't engaged in "public performance" of broadcast material, in part because it used separate antennae to stream to individual users at those users' direction, as opposed to one large stream that multiple users tapped into.
#NIGHT CALL EN STREAMING TV#
The professor brought up the 2014 saga of Aereo, a company that was effectively capturing cable TV broadcasts and transmitting them to its own subscribers online.
However, the drafters of the "Transmit Clause" added to US copyright law in a massive 1976 revision failed to consider "the possibility of what you might call 'private transmitted performances,'" which is how streaming movies to small groups of friends might reasonably be categorized, according to Grimmelmann. In a "narrow analysis" of copyright law, Grimmelmann said, any "transmission" of copyrighted material is designated a "public performance," and is subject to specific laws. We weren't expecting a simple answer, and unsurprisingly, he said, in short, "it's complicated."
To find out, we contacted James Grimmelmann, a professor of law at Cornell Tech and Cornell Law School who specializes in internet and intellectual property law. Now Playing: Best Shows And Movies To Stream For May 2020 - Netflix, Hulu, Shudder, Amazon Prime Video By clicking 'enter', you agree to GameSpot's
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