Is placing advertisements on illegal movie websites subject to legal liability?

With the increasing scrutiny of illegal movie streaming websites, a question of concern for many businesses, especially marketing agencies, is whether placing advertisements on these sites will result in legal liability. Let’s explore this in detail in the article below!

What is advertising on illegal movie streaming websites?

Advertising on illegal movie streaming websites means that businesses, individuals, or brands display promotional content (banners, videos, pop-ups, native ads, etc.) on websites that provide movies but have not been legally licensed by the content owners. This is a fairly common form of advertising in the “unofficial” digital content ecosystem, where traffic is high but the content violates copyright.

Essentially, illegal movie streaming websites operate by attracting users with free or cheap content, then generating profit from advertising. Therefore, when businesses place advertisements on these platforms, whether directly or indirectly, they are contributing to the revenue and operation of the infringing website.

Characteristics of advertising on pirated movie websites

Pirated movie websites typically have several characteristics:

• Offer free or illegally paid movies

• Do not have a content distribution license

• Use advertising as their primary source of revenue

Therefore, advertising is the “lifeline” that keeps these websites running. When businesses place advertisements here, whether directly or indirectly, they are contributing to the revenue of the infringing platform.

Common forms of advertising

Placing advertisements on pirated movie websites can take many forms:

• Direct advertising: signing a contract with the website owner

• Advertising through intermediaries: through advertising networks

• Automated advertising: such as Google Ads, displayed according to algorithms

Of these, automated advertising is the most common and also the most controversial regarding legal liability.

Is placing advertisements on pirated movie websites subject to liability?

Currently, Vietnamese law does not have specific regulations or direct penalties for the act of “placing advertisements on pirated movie websites.” However, this does not mean that businesses are exempt from liability, as this act can still be considered as a form of joint liability under copyright law.

According to Vietnam’s Intellectual Property Law, distributing pirated films is an infringement of copyright and related rights. Not only the entity directly posting the infringing content, but also related parties who support or benefit from the infringement may be held liable.

This can be understood as follows:

• The pirated movie website is the primary infringing entity.

• The business placing the advertisement may be considered an indirect accomplice.

If authorities can prove the element of “intentional intent,” joint liability is entirely possible.

Businesses that place advertisements on pirated movie websites risk legal action

Not all advertisements appearing on pirated movie websites will be penalized. However, in many specific situations, businesses can still face significant legal risks, especially when the advertising activity shows signs of supporting or benefiting from copyrighted content.

Below are typical cases that businesses need to pay special attention to:

Knowing the website is infringing but still cooperating

This is a key factor. If a business is aware that the website is a platform for showing pirated movies but still actively places advertisements to take advantage of traffic, this behavior may be considered aiding and abetting copyright infringement.

Having a direct advertising agreement

If a business signs an advertising contract with a pirated movie website or pays directly to display advertisements, this is clear evidence of intentional cooperation, making legal responsibility more specific and difficult to deny.

Significant profits from illegally accessible websites

Another crucial factor is the extent of profit derived from advertising. If the infringement constitutes a crime, the organizations and individuals involved may face criminal prosecution.

In cases where a business profits significantly from advertising on pirated movie websites and the activity is organized or large-scale, the act is no longer “accidental” but may be considered intentional profiteering from the violation of the law. It may be considered complicity or joint liability in copyright infringement.

In short, although the law does not yet directly penalize the act of placing advertisements on pirated movie websites, if a business acts intentionally and benefits from the infringement, it can be prosecuted under current regulations. The line between “not violating” and “being jointly liable” lies in the level of awareness and specific actions of the business.

Above is the article ” Is placing advertisements on illegal movie websites subject to legal liability?”. Hopefully, the information above helps you understand the legal risks and proactively control your advertising activities to avoid violations.

Sincerely,

FAQ