. I think so long as the operator took down any links when notified they are infringing content then the liklihood of being sued is pretty small, unless your site is basically just there to help people get illegal content and people post it back up as soon as you take it down. There are various exemptions for catagories of service provider (such as your isp, search engines like google or public distribution sites like youtube) so long as they respond to the relevant take down requests, but i dont know if a small forum would qualify.Both hosting unauthorised content and providing links to unauthorised content is illegal.
Templar+ wrote:I know there are alot of smart people that are here in the community so i have a question i have been curious about:
What is the legality of websites that stream content like sports or movies is it just as illegal as say downloading via bit torrent sites or not? (as being the host) And also say you linked streamed content to a community forum what are the legal implications of that are there any grounds for legal action?
Unspecified wrote:Doesn't mean the downloading is legal though.
Templar+ wrote:Just to make clear i have absolutly no intentions to do anything that is questionable I tried to find info about the subject on the net after debating it with a friend but there isn't much info about it so was a really grey area for me but great explanation on the subject
Neither copyright (except in a computer program or a database) nor performer's rights are infringed by the simple act of transmitting the work between third parties over a network, even if the process of transmission involves making temporary copies (reg. 8 )
UK copyright law has a set of exceptions to copyright known as fair dealing. Database right has a similar set of exceptions. Fair dealing is much more restricted than the American concept of fair use. It only applies in tightly defined situations, and outside those situations it is no defence at all against a lawsuit for copyright (or database right) infringement.
s29.—(1) Fair dealing with a literary, dramatic, musical, etc, work, for the purpose of research for a non-commercial purpose, does not infringe any copyright in the work, provided it is accompanied by a sufficient acknowledgement of the source.
s30.—(1) Fair dealing with a work for the purpose of criticism or review, of that or another work, or of a performance of a work, does not infringe copyright in the work, provided it is accompanied by a sufficient acknowledgement, and provided the work has actually been made available to the public.
Copyright fair dealing with a literary, dramatic, musical or artistic work is most often encountered in the context of research or private study. Under the 1988 Act, it was originally the case that any research use was fair dealing. However, in 2003, the 1988 Act was amended to exclude commercial use from the definition of fair dealing. Fair dealing for research should be accompanied by acknowledgement if this is possible. Fair dealing with the typographical arrangement of a work for the use in research or private study is also explicitly allowed.
Users browsing this forum: CommonCrawl [Bot] and 0 guests