Original: Free Movie Streaming Sites: Are They Illegal?
If you’ve ever combed the internet for movies, television shows, or sporting events, you’ve likely encountered barriers to accessing your favorite content. Whether it’s lack of availability, an expensive subscription fee, or low bandwidth, we’ve all been tempted to tab over to Google and research “alternative” options (aka free movie streaming sites).
But what kind of legal troubles come with it? With 80% of piracy in the form of illegal streaming, someone must be doing something, right?
Illegal free movie streaming sites are on the rise, and statistics on unlicensed streaming are difficult to collect. If you’re a regular viewer that can’t (or won’t) fork up $10 for new theater releases or your favorite OTT streaming service, you’re not alone; unlicensed streams on sites like Solar Movie number in the billions each year.
Naturally, this option appears more attractive. After all, budgets are tight. But what does US copyright law say about viewing content on free movie streaming sites?
Is there an easy answer to this question?
As with all issues regarding the law, there are variables at play, and your liability exposure isn’t always black or white, particularly regarding digital content. This is because most copyright law is based on the nearly 50-year-old 1976 Congressional Copyright Act.
Since today’s digital environment couldn’t be imagined at the time, the law isn’t as robust as it could be – specifically regarding file sharing and streaming. The courts and Congress can even be at odds with their own interpretation of what copyright law means in the digital age, and federal regulations are notoriously vague.
Well-known companies like Napster from the 90s and 2000s show us just how difficult it is to regulate innovation-rich regions of the globe like the US. At the turn of the millennium it was Napster; today, it’s sites like Solar Movie.
Are free movie streaming sites illegal?
There are a couple of perspectives to consider here. First, let’s examine the websites themselves. Free movie streaming sites that provide access to pirated content are certainly violating US law if they are sharing copywritten content. This is why they often go to great lengths to hide their identities for fear of being discovered and shut down.
But what about when you watch a movie or TV show from free streaming sites? This question comes down to the type of site you are using. If you use a website that requires you to share copywritten content, you violate the law because you are distributing copywritten works. These types of sites are known as peer-to-peer streaming services.
However, if you are watching something on a free streaming site, you may not be breaking the law – at least not currently.
“Whether it’s wrong or not, in a moral sense, is something you can ask your friends or your minister. But whether it’s illegal from a copyright viewpoint, the best answer is, probably not on an individual viewer basis,” says Jim Gibson, law professor and founder of the Intellectual Property Institute.
This is because you are neither sharing copywritten content nor copying it. Downloading copywritten content is illegal because you are making a copy; however, streaming media is not because a new copy is not created.
Of course, the argument could be made that you are creating something similar to a copy, the video file still has to be downloaded and processed via your short term memory (RAM), but that isn’t how “copies” are interpreted in 2022.
Changes to US copyright law on unlicensed streaming
In December 2020, the Protecting Lawful Streaming Act (“PLSA”) was enacted, amending Title 18 of the United States Code to raise criminal penalties for unauthorized large-scale streaming. In addition to other forms of illicit reproduction and distribution of copyrighted material, illegal streaming is now a felony criminal offense. Before the passing of the PLSA, unlicensed live streaming was deemed a misdemeanor. Prior to changes to copyright law like the PLSA, illegal streaming was considered a violation of the right to public performance, not replication and dissemination.
The new law targets digital transmission providers that broadcast illegally for business or personal gain. However, individuals who view streaming content are largely unaffected.
In fact, when pressed about protections for consumers, Senator Thorn Tillis (sponsor of the PLSA) reaffirmed the bill’s purpose, stating that the intent was to target the streaming websites themselves and not “those who may use the sites nor those individuals who access pirated streams or unwittingly stream unauthorized copies of copyrighted works.”
The effect of the PLSA
The PLSA provides copyright holders enforcement mechanisms to minimize the impact of illegal streaming. When copyright holders discover unlicensed streaming services, they may use the evidence collected in criminal and civil proceedings to discourage future offenders.
However, the PLSA does not target consumers unless they are also providing unlicensed streaming services. Nonetheless, the purpose of this legislation is to make it clear that unlawful streaming is a severe offense.
So, is it OK to watch illegal free movie streaming sites?
Most legal experts agree that it is currently not a violation of copyright law to watch free streaming services, as long as that service does not require peer-to-peer streaming (which would require “copying”). However, these laws are continuously being re-interpreted and revised.
The PLSA isn’t even the latest attempt to rein in illegal streaming. The SMART Copyright Act of 2022 would compel ISPs to prevent access to illegal streaming services and strengthen standard technical measures (STMs), which are copyright owners’ processes to enforce and protect their intellectual property. And while the SMART Copyright Act of 2022 does not appear to be punitive for casual viewers, the fact that we’ve seen dozens of attempts to strengthen copyright law in the last two decades is evidence enough that officials are watching.
For this reason, it is certainly possible that what may be viewed as “in the gray area” today may be considered illegal in the future. However, given how slowly the government has moved on the issue (the first copyright law was passed over 200 years ago for cartographers), streaming free content as a viewer shouldn’t draw too much attention, at least for now.
Related resources on free movie streaming sites:
- What is PopcornFlix And Is It Safe To Use In 2022?
- What Is 123MoviesGo And Is It Safe?
- Is Solar Movie Safe And Legal To Use In The US?
Counterpoint on free movie streaming sites’ legality: