Fair use and copyright laws

The problems that there are inclusive of issues to do with live streaming, infringement, the fair use of defense and aspects to do with copyright. Copyright has some issues since individuals have the will to protect their work with all that they have. There are many platforms all over the internet where one is able to get whatever media they want, cheaply. There has been an increase in social live streaming which has seen to it that there is an infringement of the copyright as well as the rules that govern live streaming. Live streaming is now on the rise, and many people are streaming music to watch it live and at any time that they wish to. Live streaming has been growing and is even becoming better, easier and more rampant with the technological advancements that exist in this age.

Live streaming is done through the internet websites, televisions and even mobile applications and mobile internet. This has made it accessible to a good number of people, and it has gained more popularity. The consumers of live streaming subscribe to the live stream channels or pay at the time of streaming. According to Zimmer et al, “Social Live Streaming Services, in short SLSSs, allow their users to broadcast themselves to everyone who wants to watch, all over the world. Live streaming is different from the two. Yostano gives a definition of live streaming and says that, “The Web server sends a message to a streaming server. The streaming server streams the file directly to the user, bypassing the Web server, using protocols that allow transfer of data in real time.

In addition, those recording their live stream using the right streaming equipment can digitize, compress, and encode their video in real time, while uploading it to the streaming server”4 This is different from streaming since streaming is not in real time. The aspects of live streaming are different with those of streaming and downloading. The content is just captured by the right devices, and then consumers watch it through the internet, Android operating systems or even television apps. Livestream is a platform that is paid for, despite the fact that it was free. The consumers that are attributed to live streaming are many, with the inclusion of Tesla, NBA, Gannet, and Spotify. The platform offers live streaming services to many, which is why it has grown to gain recognition to heights.

Those who wish to have the live streaming of content just get to this platform and upload content. The terms of use are important as they regulate abuse. When one abuses such a platform, there are answerable to whatever they have done, and all this is as dictated in the rules and regulations that govern lives streaming platforms. When one wills to have some access to the platform, they are forced to agree to the terms and conditions, meaning that they have to read and understand them. Live streaming services need such conditions and restraints, since these are a determinant of whether one uses the platforms and websites responsibly. There are many rules. If such happens, they are liable to the law, as this is a violation of copyright laws.

One is also not allowed to edit or derive some information from it without the consent of the owner. Copyright laws are important as they protect any work and media from manipulations. In live streaming, one also retains the ownership of whatever they upload in the platforms, be it audio, visual or audiovisual media. The laws govern ownership and submitting the content does not change the laws of ownership. Using the Livestream service comes with responsibilities. When one uses the service, it means that they have the ownership of whatever they are disseminating live. When the content that one produces bears some repercussions that are not pleasing the owner is liable for that, but not the service providers. Therefore, before one share some media, they have to affirm that it is their own creation and that disseminating it does not lead to repercussions that are not pleasing in any way.

The content that one share is therefore not supposed to break the trade and copyright laws, which is why there is an emphasis on keeping content safe as well as sharing content that one knows they have the ownership. It is not right to upload content that is not appropriate. There is some content that is unlawful, and not fit for the public or even other people. The reasons for this is because the content may be libelous or even obscene and derogatory. Any information that is defamatory, pornographic, hateful, vulgar and offensive is not fit to be shared on live streaming. Some content may also be racially prejudiced and ethnically offensive. There are instances that are more rampant nowadays, especially social live streaming services.

The users in live streaming platforms upload their own audiovisuals, and themselves too, for others to see. However, this comes with dangers and is a peril if not well-monitored. The monitoring is important as it sees to it that there is no violation of the laws. One of the dangers that show the increase in levels of infringement of laws that govern the use of live streaming platforms is sharing personal information. If this scenario was observed, it was marked as a potential personality rights violation. ”7 The personality rights violations also occur when the viewers of a live stream harass the one streaming sexually, by comments which are sexually offensive. Voyeurism is considered in such an occurrence. According to Falkaris et al, “Another concern is that of voyeurism, defined as the “act of filming or disseminating images of a person’s private areas under circumstance in which the person had a reasonable expectation of privacy regardless of whether the person is in a private or public area”8 The act may be in ways where partners post live videos of their nude partner, to strangers, in a bid to settle scores.

This is in some distances be termed as “revenge porn. Furthermore, the author has the exclusive right of reproduction, the right of distribution and the right of an exhibition of his work, even in non-material form, which includes broadcasting (Copyright Act § 15(II), § 20). ”10 The implication is that if one wishes to stream something online, they should seek consent from the owner if they are not. Infringement of copyright laws is harmful since it deprives ownership of intellectual property. People at times violate copyright laws and argue that they are having it as even an advantage to the owner since it is a way of promoting sales and popularity. The infringement of laws is also seen even in cases of live events, such as matches and even live performances.

Live television rights and ticket sales are main drivers of revenue for professional sports leagues. The increasing accessibility of video and live streaming capability for individuals, as opposed to broadcast and cable television networks, has long posed a threat to these revenue streams”12 In the events of some other people streaming the occurrences live, this is an indication of an infringement on the rights. There has also been an infringement of the laws in the cases where individuals stream surgical operations. This is against the law. According to Zimmer et al “The Health Insurance Portability and Accountability Act (HIPAA) regulates the use of information about the health status of a person in the U. Despite the fact that there are copyright laws that govern one of the uses of a copyrighted work without permission, fair use gives one the legal rights to use the material.

There are many considerations that are looked into when considering the work of another person, as either infringement of copyright or fair use. When one deflects from the original work in a greater manner, there are chances that this is fair use. This is when the consideration of purpose and the character is put in place. There are cases when the copyright is flouted, especially when the intention is education, news or criticism. If some copyrighted media is used in a way that deprives the owner some economic advantage, then it is a criminal activity. However, streaming something live does not give any economic disadvantage to the owner. It may be considered fair use. Such as seen in the case of live performances of functions such as Tomorrowland and Electric Daisy Carnival (EDC).

When these shows are looked at, having to stream them live can be considered to be fair use, especially if it is by the use of a mobile phone. 14 CFC Act is necessary and is seen to be of importance in helping make the punishment for the crime of infringement more proportional. This is despite the fact that it was established when there was still an action for copyright laws. According to yosanto, “On streaming websites like YouTube and Twitch. tv, the recordings are usually carefully monitored by the web hosts themselves in order to ensure that the recordings uploaded by users do not violate their terms of service, which often reflect current copyright law”15 This is a way that the laws that govern the infringement of live streaming are made tight.

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