Chasing copyright infringement in the streaming landscape

Introduction: I. Streaming and Public Communication A. Live Streaming and On-Demand Streaming B. The Right to Communicate to the Public Under EU Law C. Uncertainty Surrounding the Application of Broadcasting Rights on the Internet D. Live Video Streaming and the Controversial Case of "Signal Piracy" II. Streaming and the Reproduction Right A. Reproduction and Storing: From Technical to Legal Meaning of Copying B. The Reproduction Right in EU Digital Copyright Law 1. Reproduction in Part 2. Temporary Reproduction 3. The Exemption for Temporary Acts of Reproduction C. Streaming as Temporary Reproduction in European Jurisprudence 1. Temporary Reproduction of Computer Programs: The Modchip Cases 2. Temporary Reproduction of Broadcasts: FA Premier League v. QC Leisure 3. The Making of Temporary Copies After Infopaq D. Is Streaming Temporary Reproduction? Conclusion: This article examines the copyright implications of the use of streaming technologies on the internet. While streaming is becoming a leading technology in online distribution, thereby supplanting downloading as a major vehicle to experience content online, its assessment through the lenses of copyright law is still unsettled. This article considers two primary forms of internet streaming, namely on-demand and live streaming, and analyses the applicability of the "public communication right" and of the "reproduction right" to these technologies. With reference to European case law, it highlights some critical uncertainties as to the relevance of broadcasting right to live streaming, and it evidences some paradoxes resulting from the application of the reproduction right to streaming technologies in general. It concludes that the current European digital copyright law, as resulting from the acquis communautaire and the jurisprudence of Member States, is unfit for discriminating between infringing and legitimate uses of copyright works via streaming technologies.