Legal Definitions - time-shifting

Time-shifting refers to the practice of recording a broadcast program or event so that it can be watched or listened to at a more convenient time than its original live transmission.

This concept became legally significant in the context of copyright law, particularly regarding whether individuals recording television programs for personal use constituted infringement. Courts have generally recognized time-shifting for private, non-commercial purposes as a fair use of copyrighted material.

Here are some examples illustrating time-shifting:

• Recording a Television Series with a DVR: Imagine a person who works late and consistently misses their favorite prime-time drama, which airs live on Tuesdays at 9 PM. They set their digital video recorder (DVR) to automatically record every new episode. On Wednesday evening, they watch the recorded episode at their leisure.

  This is an example of time-shifting because the individual is recording a live television broadcast to view it at a later, more suitable time for them, rather than during its original transmission.

• Listening to a Podcast of a Live Radio Show: A listener enjoys a specific daily news commentary program that is broadcast live on a national radio station every morning. Due to their work schedule, they are unable to listen to the live broadcast. Instead, they download the podcast version of the show later in the day to listen during their evening commute or while exercising.

  This illustrates time-shifting because the listener is accessing a recorded version of an originally broadcast radio program at a time of their choosing, rather than during its live transmission.

• Watching a Recorded Online Webinar: A professional registers for a live online webinar on a specialized industry topic, scheduled for a specific time on a weekday afternoon. However, due to an unexpected client meeting, they cannot attend the live session. The webinar host provides a recording of the entire session to all registrants afterward, which the professional watches the following day.

  This is an example of time-shifting in a digital context. The live online webinar is a form of broadcast, and by accessing the recording, the professional is able to consume the content at a time that fits their schedule, rather than during its live presentation.