“You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content.” If that wasn’t clear enough, the very next bullet point reads: ‘Streaming’ means a contemporaneous digital transmission of the material by YouTube via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.” “You agree not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. “So, while it’s perhaps not right to do it, the risk is lower.” Breaking the Ts&CsĪs you’d expect, the YouTube terms of service (a rip-roaring read, if you have a spare half an hour) are rather more forthright on the issue: “It’s practically impossible to enforce – unlike torrenting or sharing files,” he explained. However, before we become Weird Al Yankovic to cover our YouTube tracks, Killock stresses that there’s not much to worry about if you occasionally download videos for personal use. You’re in a grey area, but there’s no other way to create the parody than to download the original or have access to it.” if you were going to create a parody of the thing. So what are the exceptions? “There are some circumstances in which it would probably be alright. With downloading stuff from YouTube, that’s not applicable.” You’re meant to destroy the copy later, but you are allowed to record. “With streaming services, you don’t get the traditional right to record like you did with the radio. With radio and TV, there’s a thing called ‘time-shifting’, which says that you are allowed to record audio broadcasting and TV programmes and replay them later. “I think they would, in general, be infringing copyright, but there are times when you wouldn’t be,” Killock explained.
The Big Tech Question spoke to Jim Killock, executive director of the Open Rights Group, to find out why there’s so much uncertainty.
But is it actually legal to download YouTube videos in the UK? Meanwhile, the temptation is always there to permanently save a clip, or convert it to MP3, to enjoy at a later point. YouTube can be addictive: you pop onto the website to watch one cat video and, seven hours later, you’ve fallen into a wormhole of obscure Rick Astley interviews and Bavarian yodelling.
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