Title

Whither the Future of Internet Streaming and Time-shifting? Revisiting the Rights of Reproduction and Communication to the Public in Copyright Law after Aereo

Publication Type

Journal Article

Publication Date

3-2015

Abstract

New forms of communication technology often pose challenges to the copyright regime and have necessitated the rewriting of the scope of the exclusive rights and exceptions by the legislature, and, in some cases, by the courts in common law countries (as well as the Court of Justice of the European Union). These issues have arisen in different categories of digital technology, albeit with the same objective of streamlining and simplifying the delivery of copyright works to consumers. These categories include file storage and transfer operations offered by Peer-to-Peer technology, the space- and time-shifting functions of the early video and audio recording products, user-generated and industry content deliverable via new media streaming platforms, the ‘live’ streaming and time-shifting services offered by remote and wireless digital recording systems, file storage and sharing digital lockers and cloud technology. This article will examine the legality of Internet streaming and time-shifting technologies under copyright law, specifically in relation to the rights of ‘reproduction’ and ‘communication to the public’, through a comparative analysis of the jurisprudence in leading jurisdictions in recent times. Although the decisions are not always consistent, they do provide some helpful guidance in our assessment of the relative strengths and weaknesses of the various arguments made on both sides of the divide as well as of the prevailing judicial sentiment towards new technologies. In light of the continuing legal uncertainty faced by such technologies, the authors also offer suggestions as regards legislative amendments and alternative business models to ensure their continued existence in this harsh and highly competitive digital environment.

Keywords

Copyright law, Reproduction right, Communication to the public right, Public performance right (US), Internet streaming and time-shifting, New technologies, Copyright exceptions or exemptions, Alternative business models

Discipline

Asian Studies | Internet Law

Research Areas

Intellectual Property and Technology-related Law

Publication

International Journal of Law and Information Technology

Volume

23

Issue

1

First Page

53

Last Page

88

ISSN

0967-0769

Identifier

10.1093/ijlit/eav001

Publisher

Oxford University Press

Additional URL

http://dx.doi.org/10.1093/ijlit/eav001