Is rebroadcasting someone else’s livestream video a copyright infringement?

With the explosion of social networks, livestreaming has become a popular form of helping individuals and businesses quickly interact with audiences. However, a problem that makes many people wonder if rebroadcasting someone else’s livestream video is considered a copyright infringement? To understand clearly, let’s find out more details with VCD in the article below.

What is livestream and who owns the copyright?

Livestream is a form of live video broadcasting on social networking platforms or websites such as Facebook, YouTube, TikTok, Shopee Live… During the broadcast, all images, sounds, words or content displayed are owned by the creator of the livestream, which can be the cameraman, speaker, organizer, content production business or the technical team behind it.

According to the Vietnamese Intellectual Property Law, livestreaming is considered an audiovisual work, which is a type of creative work with independent value, protected similarly to videos, films or television programs. This includes recording rights, broadcasting rights, copying rights, distribution rights and re-display rights.

The livestreamer is the copyright owner (or the organization authorized to hold the broadcasting rights) and any act of reusing, downloading, rebroadcasting or editing livestream content requires legal written permission from the owner. Unauthorized use not only infringes copyright but can also affect the reputation, image and economic interests of the original content creator.

Is rebroadcasting someone else’s livestream video a copyright infringement?

According to Article 28 of the Intellectual Property Law, the act of using, copying, broadcasting, distributing, or re-posting a work without the owner’s consent is considered copyright infringement.

Specifically, downloading someone else’s livestream video and rebroadcasting it on social media platforms can be considered copyright infringement, especially when:

• You do not have the consent of the original content creator.

• The replayed video does not clearly state the source or does not cite the exact source.

• You cut, edit to advertise, attract views or profit.

• You use the video for commercial purposes such as selling, running ads, or making money from views.

Depending on the level of violation, the person rebroadcasting someone else’s livestream video can be subject to:

• Administrative fines of 15 – 35 million VND according to Decree 17/2023/ND-CP.

• Forced to remove the infringing video or compensate the copyright owner for damages.

• Channel locked, video deleted or civil lawsuit if the act causes serious damage.

Thus, even if it is just “re-sharing” or “re-broadcasting for fun”, using someone else’s livestream video without permission still poses a great legal risk.

When is it allowed to re-broadcast someone else’s livestream?

Not all cases of re-broadcasting a livestream are violations. There are some legal exceptions that you can apply, as long as you comply with copyright regulations.

• With explicit permission from the owner: If you have permission from the author, streamer or organizer (in writing or via a confirmation message), you can absolutely re-broadcast the video without breaking the law. This is the safest and most transparent way.

• Livestreams in the public domain: Some content voluntarily placed in the public domain by government agencies, public organizations, or authors can be reused without permission. However, you should check the source carefully to avoid confusion.

• Use within scope: In some cases, you can quote a part of the livestream content for illustration, commentary, or reporting as long as it does not affect the rights of the original author. For example: Reporters use a short livestream in a news report, lecturers replay a part for teaching purposes, commentators take a small excerpt to criticize or analyze the content. However, this does not allow replaying the entire livestream, especially if you repost it on your personal channel or use it for commercial purposes.

How to legally use other people’s livestream videos

To avoid copyright infringement when using or replaying other people’s livestream videos, you should follow some important principles below. These tips will not only help you protect yourself from legal risks, but also show respect for the creative rights of others in the online environment:

• Always ask for permission before using videos, especially with streamers, brands, or channels with a large number of viewers.

• Clearly state the source, author’s name or original link when sharing.

• Do not edit, cut, or attach your own logo to other people’s videos.

• Avoid rebroadcasting the original on your channel, unless you have permission to rebroadcast.

• If you want to use the video as illustrative material, keep it short, clearly annotated, and do not commercialize the content.

Above is the article “Is rebroadcasting someone else’s livestream video a copyright infringement?” compiled and shared by VCD. Hopefully this information will help you better understand digital content copyright regulations and know how to use livestream videos legally and safely.

Sincerely,