us copyright law concerning viewing of pirated movie

[schunn99]

Hey all,

I have a question to ask of any of members of videohelp.com that are copyright lawyers.

I know that copying and distribution of pirated movies is illegal, but what is the law concerning the viewing of pirated movies?

thanks,
Schunn99

[reboot]

If you're viewing it, you're in posession of it, thus "Posession of stolen property" at least.

[adam]

I am a copyright lawyer.

A private viewing alone cannot be a direct infringement since the only exclusive right to display that a copyright grants pertains to public performances. But since the obtaining and/or display is always going to constitute a direct infringement by somebody, your viewing can amount to either inducement of their copyright infringement or contributory copyright infringement depending on the circumstances.

There are all sorts of possible scenarios that could play out but the general rule is that if you knowingly receive a benefit from the infringement then you have contributed to it, and if both you and the direct infringer also knew you were going to receive this benefit beforehand then it is inducement. Both of these causes of action are treated, for punishment purposes, as if they were direct infringements and they are mutually exclusive meaning you can be sued for either or both.

This is all under US Copyright law and pertains to Federal civil law remedies. Indirect infringements like inducement and contribution are not subject to Federal law criminal sanctions. Your local government may have specific criminal statutes governing such activity.

[shelbyGT]

Adam, you need to post more and enlighten us. Seriously, I always read your posts because I learn so much!

[Supreme2k]

If you're viewing it, you're in posession of it, thus "Posession of stolen property" at least.

Copyright infringement at the most. It's not stolen property. I'm sure that's what the RIAA (et al.) want us to think, though.

[Ward River]

If you're viewing it, you're in posession of it, thus "Posession of stolen property" at least.

If I'm watching it on your computer, I'm just the guy watching it. I'm not in posession of anything.