Get 1,000+ Free Secret Apps on Firestick & Android TV/Google TV
Is Streaming Illegal in the United States? What You Need to Know
Important – This post should not be considered legal advice by TROYPOINT. Seek professional legal counsel for additional information on this matter.
Is Streaming illegal? This is a question we frequently receive through messages and comments on the TROYPOINT website. Unfortunately, this is a gray area of the law but we will do our best to unpack it in this article.
Table of Contents
Is streaming illegal in the United States?
There is a lot to uncover when answering this question, as the answer is not simply “yes or no.” We recommend reading through this entire article.
We also cover the legality of streaming in the UK and Canada since many of our visitors/subscribers reside there.
We want to know your thoughts after reading this article. See below for Troy’s take on this significant topic.
Leave us a comment in the comment section below!
According to a report from the Global Innovation Policy Center, streaming accounts for “80 percent of piracy in the United States.”
It’s well documented in United States law that downloading copyrighted movies, TV shows, music, and other software is a crime.
The same is also true for those operating a pirate streaming website and providing content protected by copyright.
In other words, downloading unlicensed content and hosting unauthorized streams is illegal under current United States law.
But is the end-user streaming from these websites committing a crime?
Lately, we’ve seen several instances of U.S. government officials pushing for stricter copyright laws.
- US Senators Push New Copyright Bill
- US Government Releases List of Top Pirate Sites
- US Court Says ISPs Must Block Access to Pirate Sites
The same can be said for global copyright groups such as the Alliance for Creativity and Entertainment (ACE) and the Motion Pictures Association (MPA).
- MPA Asks EU to Crack Down on Piracy – Sites Listed
- ACE Helps with Arrest of Mobdro Developer
- ACE Shuts Down FileLinked
- ACE and MPA Target Streaming Sites & IPTV
Streaming Online Is Not Illegal (Yet)
All discussion of streaming legality starts with the Copyright Act of 1976.
This legislation essentially gives copyright holders the “exclusive rights” to create copies of their work and distribute them to the public.
While the Internet has drastically changed the landscape, under the Copyright Act of 1976, viewing unauthorized streams does not technically violate this law.
Your online activity is recorded by your government, Internet Service Provider, app/addon/IPTV devs and all websites through your identifying IP address
Stream anonymously by using Surfshark VPN
Your Current Identifying IP Address (digital fingerprint):
TODAY'S DEAL
SAVE 86% ON SURFSHARK VPN + 3 FREE MONTHS
Surfshark backs their service with a 30-day money back guarantee
Use your account on unlimited devices & share with family members
CLAIM SURFSHARK DISCOUNT
Over time there have been several challenges to this piece of copyright legislation in the US, but as of this writing, nothing has officially changed.
The latest legal challenge to Copyright Law came in December 2020 when Congress passed the Protecting Lawful Streaming Act of 2021 (PLSA).
While many clickbait articles were created to drive hysteria, this new law simply increased criminal penalties to a felony for those operating illegal pirate websites.
The Protecting Lawful Streaming Act punishes the following individuals:
“Those who willfully and for commercial advantage or private financial gain, illegally stream copyrighted material. Previously, illegal streaming was treated as a misdemeanor. Under the new law, the Department of Justice can bring felony charges against providers (as opposed to users) of such illegal services.”
Again, even with this latest piece of copyright legislation in the United States, an end-user watching unauthorized streams still does not violate this law.
The Copyright Alliance made this clear by commenting the following on the new PLSA law:
“This new law will not affect the activities of ordinary internet users. Nor would it criminalize good faith business/licensing disputes or noncommercial activities. This means that individual internet streamers cannot be subject to felony prosecution under the PLSA.
The normal practices of internet service providers (ISPs) would also not be subject to penalties under the PLSA, even when ISP users/subscribers misuse their services for purposes of infringement.”
While streaming is currently not illegal in the United States, this does not mean lawmakers and copyright authorities will sit back. We would only expect streaming/copyright laws to become stricter over time.
Let’s see what legal professionals have to say about the current copyright laws in the United States.
Is Streaming Illegal – Thoughts From Legal Professionals
After doing hours of research on this topic, we found various sources from legal professionals discussing the legality of streaming in the United States.
The first law professor we came across is James Gibson from Richmond University.
Gibson has frequently published his thoughts on copyright/streaming laws in the United States and is also the founder of the Intellectual Property Institute.
When asked if streaming is illegal in the United States, Gibson has stated the following in various publications:
““I think the best interpretation of copyright law is that it’s not illegal to watch unlicensed content. The person who’s merely watching a stream should incur no copyright liability from that act alone.”
Gibson has also discussed the important distinction between streaming and public performances.
He further explains this in one of his comments:
“Copyright attaches liability only to public performances, and streams aren’t public performances. Streams are performances, but they’re not public if it’s just you in the privacy of your own home and you’re not making a permanent copy. You start it and you stop it and that’s your only interaction with it.”
Another law professional knowledgeable about streaming/copyright laws in the United States is Nicole Haff.
Haff is the head of litigation at Romano Law PLLC and has also been featured in various publications pertaining to copyright laws.
Haff seems to agree with Professor Gibson on streaming liability in the United States. She has stated the following:
“I think it would be a hard argument to say that somebody watching a streamed video is publicly performing the video. They’re not the one putting it out there, they’re actually receiving it.”
Peer to Peer Streaming
Another area of copyright law that needs to be discussed is peer-to-peer streaming. This type of unauthorized streaming can get the end-user into legal trouble.
Peer-to-peer streaming involves services that rely on users to share the content. This is similar to torrenting files.
Being a viewer in peer-to-peer streaming means you are also a broadcaster, which does violate copyright law in the United States.
However, peer-to-peer streaming networks are less common than you think. These typically force users to opt-in by clicking “Allow” before joining a stream.
Unlike traditional streaming websites, it’s unlikely that someone would unwillingly join a peer-to-peer stream without any knowledge.
Joy Butler, a licensed attorney, better explains peer-to-peer streaming:
“If I access that stream via a peer-to-peer streaming service that I know is not legal because I’m uploading unauthorized content in order to access other unauthorized copies, then yes, I can get in trouble for participating in streaming in that way.”
For those wondering about the legality of IPTV (Internet Protocol Television) or Kodi, we suggest viewing our dedicated articles below.
Is IPTV Legal? What You Need to Know
Is Kodi Legal? All Questions Answered
Do You Need a VPN for Streaming?
Now that you are aware streaming in the United States is not illegal, you may be wondering if a VPN is needed.
As streaming laws will only become stricter, this drastically increases the importance of VPNs.
Yes, using a VPN for streaming is necessary. Below we have listed several reasons why.
Protection from Hackers, Developers, and Website Operators
Regardless of the legality behind streaming, protecting yourself from bad actors is a must when streaming anything online.
Since many cord-cutters are streaming through unverified apps/services it’s crucial to protect your online identity.
ISP Blocking
Many are unaware that Internet service providers (ISPs) often block certain streaming apps, services, and websites, and the only way to access them is by using a VPN.
This makes sense as ISPs are also in the cable business, which means less money for them when users decide to stream.
A quality VPN encrypts your connection to the Internet so it is impossible for your ISP to block what you want to access online.
Unblocking Geo-Restrictions
Similar to ISPs, certain countries will impose restrictions on what type of content you can access through their networks.
Using a quality VPN like will help evade censorship due to geographic locations, which is especially important for streaming!
Our top recommended VPN, IPVanish, has over 1,600 servers in 75+ locations across the world. There are over 40,000 anonymous IP Addresses to choose from.
Best VPN for Streaming
While there are many VPNs to choose from, TROYPOINT’s top-rated VPN for streaming is IPVanish.
IPVanish is the best VPN for streaming for all of the reasons outlined above and other great features include the following:
- No traffic logs
- Easy to Use App for any streaming device
- Blazing Fast Download Speeds
- Great Price – Click Here for Special Discount
- Compatible with Streaming Apps
- Secure VPN Protocols
- Hundreds of servers located worldwide
- 24/7 customer support
- 30-day money-back guarantee
- Unlimited connections with one account
IPVanish checks all of the boxes when it comes to protecting yourself while streaming. See our full review of IPVanish VPN below for more information.
Continue reading below to learn more about the legality of streaming in other countries.
Is Streaming Illegal in Canada?
Since many of our TROYPOINT visitors come from Canada, we thought it would be useful to also dive into the legality of streaming in Canada.
After researching streaming/copyright laws in Canada, it appears to be very similar to the United States.
Goodlawyer, which is a Canadian website, states the following on Canada’s streaming laws:
“As someone who just watches the movie online and does not download it, you are unlikely to face any penalties. Under Canadian law, simply watching a movie online does not go against any laws.”
Based on this information, the answer to “is streaming illegal in Canada?” would be no. But those who provide unauthorized streams or download unauthorized files can face criminal charges.
Is Streaming Illegal in the United Kingdom?
When it comes to streaming/copyright laws in the United Kingdom, there appear to be harsher penalties for the end-user.
We researched several outlets based in the United Kingdom and found similar responses.
According to CrimeStoppers, a UK hosted website, the United Kingdom apparently takes a stricter approach to streaming:
“If you are streaming and watching films, TV, or sports content through an unauthorized source – for free or paid-for – then you are streaming illegally.
Every time you access illegal content, whether it’s to watch your favourite films, sports or TV shows using a modified box or stick or via an unauthorised website, app, add-on or another illegal source, you are committing a crime.”
Based on this information, the answer to “is streaming illegal in the United Kingdom?” would be yes.
However, no citizen has even been prosecuted for simply watching an unauthorized stream or movie.
We want to know what you think of streaming laws? Do you think streaming laws will only get stricter around the world?
Let us know your thoughts in the comment section below!
Be sure to stay up-to-date with the latest streaming news, reviews, tips, and more by following the TROYPOINT Advisor with updates weekly.
This Advisor provides all the best cord-cutting tips to get the most out of your favorite streaming devices and more.
Click the link below to join the other 800,000 Advisor subscribers.
Frequently Asked Questions
Is Streaming Illegal in the United States?
While this answer is not straightforward, streaming in the United States is not illegal under current copyright law. However, downloading unlicensed content and hosting unauthorized streams is illegal. TROYPOINT does not endorse or promote illegal streaming.
Can You Get in Trouble for Illegal Streaming?
While streaming is not technically illegal in the United States, users can still face penalties from their Internet service providers (ISPs) and other watchdog groups. It is extremely important to protect yourself online with a VPN and only view content that is not protected by copyright.
Is Downloading Movies Online Illegal?
Yes, downloading movies protected by copyright is illegal in the United States, Canada, the UK, and other parts of the world. However, it is legal to download movies in the public domain, which are not protected by copyright.
Is Streaming Illegal in Canada?
Similar to the United States, streaming is not illegal in Canada. But those who provide unauthorized streams or download unauthorized files can face criminal charges.
Is Streaming Illegal in the United Kingdom?
Yes, both downloading and streaming unlicensed content is illegal in the United Kingdom. However, no citizen has even been prosecuted for simply watching an unauthorized stream or movie.
This page includes affiliate links where TROYPOINT may receive a commission at no extra cost to you. Many times, visitors will receive a discount due to the special arrangements made for our fans. Learn more on my Affiliate Disclaimer page.
I have mixed feelings about digital content everywhere. I think it’s unfair to use CG characters when a human actor/actress should pay the part. I have no problems if a Producer or Director wants to use digital programs to enhance their actors, like how thy mad the Queen of Hearts head bigger and the other feature changes they made for the actors in the “Alice”movies.
Those who use “real” cameras have gone to school or have YEARS of experience using “real” cameras. Someone who makes a film with only digital devices, to me, is cheating somehow.
Streaming movies, I think, robs those who made and were in the movies of their residual money, doesn’t it? Regardless, I have extremely mixed feelings on streaming and the use of digital programs period.
If I use a VPN to connect to a server somewhere that streaming is legal, like Switzerland for example, then how could I be breaking any laws? Torrenting (downloading) is also not illegal in Spain, Mexico and The Netherlands. A VPN simply allows me to connect to a server in a different location and it’s at that location where the “streaming/downloading” is taking place. This “legal” data travels through transmission lines where I just provide a receptacle for the data to flow to. It seems to me it’s up to content providers to not let their content be released in those countries where downloading is legal. Ultimately it’s going to be virtually impossible for laws to ever catch up with ever-evolving technology.
My layperson opinion is this: Chances are when one VPN becomes compromised you might be auto-disconnected and receive a notification. And/or, if you have a “kill switch” on in the settings of the VPN, you would auto-disconnected from the Internet as a whole. Now, for the question of having 2 VPN’s on at the same time. I would tend the believe this is not recommended due to an overlapping condition, thus causing interference. While it’s possible this might now happen right away, it could represent a problem during operation at one point or another.
What about time shifting? Those that purchase a cable or satellite service often also subscribe to a recording service such as Hopper. This actually does record to a hard drive within the unit. There also exists over the air recorders such as Tablo. These are nothing more that dedicated computers for the express purpose of archiving and time shifting. Where is the line drawn? Does using a non-dedicated PC to record cross the line? What about editing commercials out of a stream? Don’t the dedicated machines do exactly that? If I use an illegal service to view a stream without it being illegal, then does that make time shifting the stream illegal? Is the service I use to gain access to a stream govern whether I can time shift the material?
I treat streaming of films etc as try before buy. If I think the film is worth buying, then I go out and buy.
Reminds me of the 90’s and NAPSTER (free music downloads – file sharing). Just as the music industry found a way to shut down NAPSTER, the film/TV industry will eventually find a software solution to ensure that their property is paid for in advance.
They may have shut down Napster, but they didn’t end file sharing. Torrent sites still exist and music, TV shows, movies, software, etc are still available.
Them: “Isn’t that illegal (streaming content)”?
Me: “I dunno, is it illegal to charge someone $130 a month for 13 channels of garbage and then three months into the contract strip it down to 11 channels then six months later give them a new channel but it only shows Top Gun and Dirty Dancing?”
If streaming was made illegal, I would have no need for internet, thus, the provider would lose $79/mo which adds up to $948/year. how many subscribers can the cable company afford to lose.
I agree with the comment on “unauthorized streams”. It needs a definition. Maybe we should assume that anything that we don’t pay for and doesn’t have commercials is “unauthorized”, but there is a lot of content streamed without copyright so it leaves a heavy burden on the consumer to know which is which.
With regards to IPTV, I pay a reasonable fee and endure countless commercials, but many off these services are probably “unauthorized”. That just doesn’t make sense. They should embrace all streaming of their content without tacking on additional fees, because it benefits their sponsors to reach more consumers. Fees are only needed to support the cost of the streaming entity.
Greetings – I currently use IPVanish and have been a customer for a number of years. That said I’m curious if adding a 2nd VPN doubles the safety of ones on-line activity? If this is even possible? Could I launch say ExpressVPN ‘after’ launching IPVanish? In the event that IPVanish becomes compromised would the 2nd VPN keep things secure?
Thoughts and advise please.
Is it illegal for me to invite a bunch of friends over to watch “The Squid Game” if I have a paid-for Netflix subscription? Of course not. Same goes with any subscription service’s content. A law preventing me from sharing content – that I paid to access – with guests in my home would be ridiculous. Extend that to “guests’ outside of my home. Yeah, I know that’s a stretch and that a service in NYC accessing free content via antennas and piping it out to subscribers was shut down, but who’s to decide with whom I share my legally obtained content? There’s an argument to be made here, but I’m afraid it’s a battle that those with the deepest pockets will win.
Could you possibly mention Australia , we need advise also on streaming etc
Isn’t watching antenna TV actually streaming? Isn’t listening to the top 40 music hits on radio streaming? Who didn’t record music off a radio? If you don’t want me to watch or listen to it, don’t put it out there. If you do put it out there, include commercials, I’ll gladly watch your commercials to help you pay for your troubles.
There may be laws on the books for the people who sell the content. But as far as I know I have not seen any laws that prevent anyone from buying it or viewing it for free..
The streaming cat is out of the bag. If you made watching streaming illegal then YouTube is illegal. Your article states “unauthorized streams” but you never define that. Good luck trying. It’s never going to happen. Anybody who says it will be illegal is living in a fantasy world, VPN or no VPN!
Yes slippery slope indeed! Just make the internet free like it should be in this day and age. And make an affordable streaming service for the average person to afford. I think that would solve a lot of issues. Lets use technology to advance our society, not revert it.
Not quite sure what you are suggesting by saying make the internet free. For the most part, it is. What isn’t free is the pipeline. Someone has to pay for that…no free lunch there any more than the electricity that comes into your home.
Where streaming sports/movies/TV series which are copyright protected is still technically not illegal in the US, if you read the fine print on your ISP contract, you can be suspended/disconnected if they discover you are doing it.
Also it has been ruled in a few States that you are indeed downloading due to temporary cache downloads a few seconds of each stream to prevent buffering.
I use IPVANISH and each year they have offered me a discount.
Read your article on streaming I think the bottom line is use a VPN thanks for all the help and info you provide
I just love your articles, keep it up.
Howevet I have a major problen.
Just recently my firestick says it is out of room and I have Uninstalled most apps except tvmate and yours and it still says only 600 k left I can’t even update tvmate. I don’t really have to go to factory default. Can you help.
Thanks
Hi there, see this for Firestick storage – https://troypoint.com/expand-fire-tv-stick-4k-internal-storage/
How much are you paying? My renewal is coming up.