Is It Illegal to Watch Copyrighted Material?

In today’s digital world, streaming services may be convenient, but it’s still important to respect creators and, most importantly, the intellectual property law. Engaging in copyright infringement is both illegal and unethical, carrying the risk of fines and harm to your reputation.

So, while free content may be tempting, the consequences of illegal streaming outweigh the benefits.

In this article, we’ll discuss the legality of watching copyrighted material and explore instances when it becomes illegal. We’ll also provide legal ways to access copyrighted content, ensuring compliance with the law while supporting content creators.

KEY TAKEAWAYS:
  • Both streaming and downloading copyrighted material without permission can infringe upon copyright laws.
  • The Protecting Lawful Streaming Act of 2020 specifically targets commercial, for-profit streaming piracy services.
  • Several free streaming platforms offer a selection of copyrighted content legally and for free.

Is It Illegal to Watch Copyrighted Material?

Yes, it is illegal to watch copyrighted material if it is obtained from unauthorized or pirated sources. However, watching copyrighted content is legal when accessed through legitimate channels, like paid streaming services, DVDs, or broadcast TV.

Copyright law grants exclusive rights to the creator or owner of original works, such as movies, TV shows, music, and books, to control how their work is used, distributed, and displayed.

When you watch copyrighted material through unauthorized channels, such as illegal streaming websites or torrenting platforms, you are essentially accessing and consuming the content without the necessary permissions. This unauthorized access typically violates the copyright holder’s exclusive rights and the intellectual property law. 

It’s important to understand that copyright infringement is a serious legal issue and can result in penalties such as fines, civil lawsuits, and even criminal charges in some cases. While enforcement may vary depending on jurisdiction and the specific circumstances of the infringement, knowingly watching copyrighted material without proper authorization can be risky, especially when you’re caught.

To respect and support creators, it’s advisable to consume copyrighted material through legitimate channels, such as authorized streaming services, purchasing or renting digital copies, or attending authorized screenings. These methods ensure that creators are properly compensated for their work and help uphold the integrity of copyright law.

When is Watching Copyrighted Material Illegal?

Watching copyrighted material can become illegal in several situations, particularly when it involves unauthorized access, distribution, or reproduction of the copyrighted work. Here are some scenarios where watching copyrighted material may cross into illegal territory:

  • Downloading Unlicensed Content: This involves accessing copyrighted material from file sharing networks, torrent sites, or other sources and creating an unauthorized copy on your device without the permission of the copyright owner. 
  • Purchasing or Obtaining Illegal Copies: Making a copy of copyrighted material from sellers lacking the rights to distribute, including counterfeit DVDs, Blu-rays, or other physical copies, as well as obtaining unauthorized digital copies from illicit sources, constitutes copyright infringement.
  • Distributing Pirated Copies: This involves sharing pirated content, disseminating files through streaming sites, distributing burned copies of movies or music, or uploading content to file-sharing platforms without authorization.
  • Using Virtual Private Networks (VPNs) for Unauthorized Access: While VPNs are commonly utilized for online privacy, using them to circumvent geographic restrictions and access copyrighted material without proper licensing can be illegal. This includes instances where a VPN is employed to access content available only in specific regions without authorization.
  • Public Performances: Watching copyrighted material in a public setting, such as in events like movie nights, screenings at bars or restaurants, or public gatherings where copyrighted content is displayed without permission from the copyright holder.
  • Renting Unauthorized Copies: This includes renting out physical or digital copies of movies, video games, or other copyrighted works for profit without the copyright owner’s permission.
  • Distributing Pre-release Material: Disseminating pre-release or leaked copies of copyrighted material, such as movies, music albums, or video games, without authorization is illegal.
  • Broadcasting or Streaming Without Permission: Broadcasting or streaming copyrighted material without the requisite licenses or permissions is also against the law. This applies to both online streaming platforms and traditional broadcasting methods and encompasses content such as movies, sports events, or television shows.

In December 2020, the United States Congress passed the Protecting Lawful Streaming Act as part of the Consolidated Appropriations Act. Signed into law by former President Donald Trump, this legislation addresses the growing issue of illegal streaming of copyrighted content online.

Prior to its enactment, copyright laws primarily focused on the unauthorized distribution and reproduction of copyrighted material, leaving a gap in legislation concerning unauthorized streaming services.

The Protecting Lawful Streaming Act cracks down on commercial streaming piracy services, aiming to criminalize unauthorized streaming of copyrighted content for profit. Those caught operating such services may face fines and imprisonment under its provisions.

Importantly, the act distinguishes between individual users who may unknowingly access pirated streams and those who knowingly operate or profit from illegal streaming services. While the act targets commercial-scale piracy operations, it’s essential for individuals to be aware of the legality of the streaming services they use and to avoid supporting illegal streaming platforms.

Overall, the Protecting Lawful Streaming Act of 2020 represents an effort by the U.S. government to update copyright laws to address the challenges posed by online piracy and unauthorized streaming of copyrighted material in the digital age.

How to Watch Copyrighted Materials Legally?

With the proliferation of streaming services and online platforms, accessing your favorite movies, TV shows, and music has become more convenient than ever. However, ensuring that your consumption aligns with copyright laws is essential.

Here, we’ll explore three legitimate methods for enjoying copyrighted content without violating copyright laws:

Infographic showcasing step by step how to watch copyrighted materials legally

Subscribing to Legal Streaming Services:

Many streaming services, like Netflix, Amazon Prime Video, Disney+, and others, offer a vast library of copyrighted movies, TV shows, and other copyrighted content for a monthly subscription fee.

These services obtain proper licenses and permissions from copyright holders, ensuring that users can access content legally and ethically. Subscribing to legal streaming services not only allows you to enjoy a wide range of content but also supports creators and content creators by ensuring they receive fair compensation for their work.

Renting or Purchasing Digital Copies:

Renting or purchasing digital copies of movies, TV shows, music albums, and other copyrighted works from legitimate online stores like iTunes and Google Play Movies is another legal way to access copyrighted content.

These platforms typically offer a rental or purchase option for individual titles, allowing users to stream or download content for a limited period or own it outright. By renting or purchasing digital copies through authorized channels, you can enjoy convenience and flexibility while respecting copyright laws and supporting content creators.

Utilizing Free Legal Streaming Platforms:

Several streaming platforms offer a selection of copyrighted content legally and for free, though these platforms may include ad-supported services. While the content library on these platforms may not be as extensive as subscription-based services, they still provide access to a variety of movies, TV shows, and other content without breaking the law.

Frequently Asked Questions

Is streaming copyrighted material considered piracy?

Yes, streaming copyrighted material without consent can constitute piracy, as it involves accessing content without permission from the copyright owner.

Is there a difference in legality between streaming and downloading copyrighted material?

Both streaming and downloading copyrighted material without permission can infringe upon copyright laws by making unauthorized copies. Downloading involves saving the content onto your device, potentially violating copyright, while streaming accesses content in real-time, with legal implications that differ due to the lack of permanent copies.

Is it legal to charge people to watch a movie?

It’s legal to charge people to watch a movie through authorized channels, such as theaters or streaming services, where proper licenses and permissions are obtained.

How does fair use come into play when watching copyrighted material online?

When watching copyrighted material online, fair use may apply in certain contexts, such as in educational or transformative content. However, the application of fair use is highly dependent on the specific circumstances of each case and is subject to interpretation by the courts.

Can you be prosecuted for unknowingly watching copyrighted material?

In general, individuals are not typically prosecuted for unknowingly watching copyrighted material. However, ignorance of copyright laws is not a valid defense, so it’s essential to be mindful of the sources from which you access content and to ensure that you are consuming copyrighted material through legitimate channels.

Rae Marie Manar
Rae Marie Manar is a licensed lawyer with a Juris Doctor degree, specializing in copyright, data privacy, and intellectual law. With a wealth of education and expertise, she aids clients in going through the intricacies of these laws, guiding them through the legalities, processes, and requirements tailored to their personal and business needs.