Streaming and Copyright Law: An end-user perspective

This book examines the challenges posed to Australian copyright law by streaming,from the end-user perspective. It compares the Australian position with the European Union and United States to draw lessons from them,regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses,it argues for strengthening end-user rights.

Format: Hardback
Length: 264 pages
Publication date: 05 September 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the complex challenges posed to Australian copyright law by the phenomenon of streaming,from the perspective of end-users. It conducts a comparative analysis between the Australian legal framework and the European Union and United States,in order to draw valuable lessons regarding their approaches to streaming and copyright. By critically examining the technological functionalities of streaming and the inadequate enforcement of copyright against the masses,the book advocates for the strengthening of end-user rights.

The advent of streaming has brought about a seismic shift in the way digital content, including sound recordings, cinematographic films, radio and television broadcasts, is consumed on the internet. This shift has challenged copyright law, as it is unclear whether end-user acts of streaming constitute copyright infringement. The prevailing grey areas between copyright and streaming often leave end-users uncertain and hesitant about accessing digital content through streaming. The question of whether exercising the right of reproduction is appropriate for streaming remains ambiguous, given the complexities surrounding the concept of "embodiment" and the scope of "substantial part".

Conversely, the fair dealing defence in Australia cannot effectively be used to defend end-users' acts of streaming digital content. End-users who use streaming to access digital content rarely rely on the fair dealing defence for purposes such as criticism, review, news reporting, parody or satire, research or study. When considering a temporary copy exception, end-users face the risk of being held liable for infringement, even if they are unaware of the infringing nature of the digital content they are accessing. Furthermore, the use of streaming to access websites containing infringing digital content can lead to liability for end-users, even if they have no knowledge of the contents' infringing nature.

In conclusion, the challenges posed by streaming to Australian copyright law require a comprehensive and nuanced approach. The book's analysis highlights the need for stronger end-user rights, as well as the need for clearer guidelines and regulations to navigate the complex interplay between copyright and streaming. By examining the technological functionalities of streaming and the failure of copyright enforcement against the masses, the book provides valuable insights into the future of copyright law in the digital age.

Weight: 666g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032260860