Copyright Laws & Tivo

The TiVo digital video recorder is used all across the country to allow the user to conveniently watch shows when it fits his schedule. However, the recording and fast-forwarding of advertiser-supported broadcasts has created some controversies.

Significance

TiVo DVRs can be used to skip commercials, which some argue is a violation of copyright law. Additionally, TiVo content can be downloaded to the computers of users who have home networking enabled. Television content producers and advertisers are concerned that their content may be watched without advertisement and distributed without permission.

TiVo Service Agreement

Every TiVo user must sign a service agreement stating that their use of TiVo will be for private, noncommercial use only. Any violation of this agreement can result in the suspension or termination of the user's account.

History

A precedent was set in the Betamax Case of 1984 (Sony Corp. of America vs. Universal City Studios) stating that users of home recording devices were allowed to time shift programming under fair use laws.

Considerations

There are arguments against the precedent set by the Betamax Case which say that TiVo's software and service is inherently different from that provided by Betamax, and therefore not exempt from fair use laws. No lawsuit has ever been brought to court on the basis of these arguments.

Effects

TiVo has begun putting text-based advertisements on television screens when users pause their television. Additionally, TiVo tags their programs with an embeddable code based on the individual box. While users are allowed to download and watch programs on their home computers, they cannot copy or distribute the content.