Will I get in trouble for sharing the cable shows?

[Anonymous]

I like recording interesting stuff like Star Trek, Sci Fi, Animal Planet, Mysterious Animals, Fishing, etc.  Those aren't movies, can I put them on filesharing or is that trouble?

Because I saw shows that I couldn't if others hadn't done the same.

Thanks.

[Anonymous]

I would say yes, but I am not a lawyer

[rampy]

I am not a lawyer (you should consult a real lawyer if you need legal advice)

Is it legal to re-distribute whole programming/content over the internet/p2p that you don't hold the copyright/permission/licensing to?  In the U.S. it is definitely illegal.  My understanding is that it's not only only illegal to do so for programming recorded of cable, but for broadcast TV as well. (which seems kind of silly given that it's transmitted for free over the air waves anyways... but I'm pretty sure if we are talking about the letter of the law this is the case)

A lot of the legislation (pending or existing) seems to favor the copyright hold rather than the consumer/fair use.

There's no way I can tell, nor will be able to predict if "you'll get in trouble" for your proposed actions.... no more than you can predict for me if I'll get a speeding ticket tomorrow if I speed illegally.

If you have serious concerns about this ask a real lawyer... maybe you can ask the the EFF...

rampy

[Anonymous]

I think it would be the same as recording a song off the radio and sharing it.  You would still get in trouble.

A lot of shows end up on DVD now and you are taking away from their sales.  

[cure]

there have so far been no legal rulings in the US which address the specific question you ask.

on the one end, you have the corperations that say they have the copy rights and should have total control of every aspect of "their" properity

on the other end of the spectrum you have consumers and fair use groups. which basically totally support you right to do anything you want with your content.

as to your question, the fair use question was brought to the Supreme Court years ago regarding VCRs back in the 70's. which said that a) companies can't be held responsible for consumers use of their products. and b) consumers had a fair use right to record "programing" (they didnt cover what the fair use included or if it was only for your viewing or if you could let a friend barrow your copy... and the barrow question has a whole new meaning since the birth of P2P) for later viewing.

in the US there is easy answer to your question. Is it legal? the courts will eventually have to decide on the constitutional grounds of the laws. Can the copy right holders bring law suits against you? yes, until a consumer is willing to spend the time, money, and effort to carry their cause against the MPAA to the supreme court you will risk legal action even if in the end it is decided what you did is legal.

it sucks there is no straight answer, basically if the law contridects itself or is unclear someone "gets caught" and carries it through the courts. However the EFF has some great information on anonymous online usage.

[Edited on 25/3/2005 by cure]

[smokeyalien]

I am not a lawyer but I work in Corporate Law.  From my own personal knowledge of the law and conversations with other lawyers in varying areas and specialtis this is what the problem boils down to.

a)  Sharing works that have a copyright (broadcast TV) is illegal if you are making any money from it or decreasing the value of said works.  This means you can't share with someone who does not have the pay service or who happens to be in an area where it is not broadcast or has been edited for that area.

b)  The courtcase in the 70's involving VCR's was a joint case covering the ground of recording copyright works including but not limited to special broadcasts (think HBO and MTV as a pay service), direct copying (bootlegging VHS tape to VHS tape), and the ability to copy these works from television without purchasing the "official" copy.  Because of this Macrovision was put in place and recording of broadcast works was deemed legal as long as it was strictly for personal use and not to be shared or edited.

c)  Filesharing is not considered recording for personal use due to the monetary and editing restrictions mentioned above.


The following is a little example of how this works.

If NBC broadcasts a documentary you can record and keep it.  If you share it with a friend at the office it is completely legal.  If you sell a copy (even for the price of the tape/cd/DVD) or edit out the commercials then you are taking money from NBC who is now due a lot of federal fines from you.

If you share this online with someone in an area where this documentary has not aired you are costing NBC money in advertising revenue as well as more advertising revenue if you clip out the commercials.

If you are sharing content from a pay service such as Comedy Central or the History channel then you are not just costing them advertising revenue but you are also breaking the law by sharing paid content from your provider (Comcast/DirecTV/etc.)

If this documentary deals with information that may be banned in the area/country of the person you are sharing the file with then you also fall under THEIR government's laws of airing uncensored and possibly indecent/controversial material as governed by their broadcast rules.  Plus if this information is banned from being exported to that country then you face federal chargesin the US.

All of this information assumes of course that you reside in the US.

Smokeyalien

[Anonymous]

WOW!   A lot of good information here

[Anonymous]

Thanks.

[cure]

thanks for the info smoky, nice to be accurately informed

[Anonymous]

thanks that was nice to know

[Anonymous]

I would agree with Smokeyalien except on one point:
 

If NBC broadcasts a documentary you can record and keep it. If you share it with a friend at the office it is completely legal. If you sell a copy (even for the price of the tape/cd/DVD)   or edit out the commercials then you are taking money from NBC who is now due a lot of federal fines from you.
 

For personal use, I would argue that it is perfectly legal to edit out commercials on things you have taped for your own personal use.  Note that the courts have apparently upheld the fast forward button on your remote.  This is nearly the same thing if not shared or distributed in the edited form.  

Note also, that there is NO specific case banning this practice.  Laws tell us what we can't do - if there's no law, there's no prosecution.  There's no law against me burying raw meat in my backyard - and so it's not illegal.  Likewise with removing commercials.

[smokeyalien]

Anonymous - You have a point.  there are no laws saying you can't bury meat in your backyard however if there was a law prohibiting the burial of unprepared food stuffs (such as meat, vegetables, or seeds) then that would a) cover your background and b) include your meat.  This is where things such as the DMCA come into play.  The laws are generally written vaguely in a lotof the older cases because if someone writes it to specifically then it becomes an easy thing to circumvent the law by using part B instead of the listed part A.

The fast forwarding is alright because you hav enot tampered with the actual product, also known as hacking.  You have simply circumvented the tampering law by going past at a high rate of speed.  If you cut out the commercials you are now tampering with the product and hence the revenue stream that the product provides.  Whil doing this for yourself personally is not that big of a deal to the feds (such as a late night poker game with the buddies is illegal gambling) it becomes an issue when you start to pass out the product in this new revised form to your entire town or the entire world through the internet.

What is basically at stake right now is a redefining of what is legal in this technological age such as whether the tools are legal (P2P software), the information sharing is legal (downloading), or even if the simple premise of content subscribers having the rights to capture, store, and re review material (TIVO'ing) is legal.  While everyone is up in arms over the whole RIAA and MPAA things goign on there are far larger problems that will be created by our current legal system's choices.

Smokeyalien