June 16, 2023, 5:03 pm | Read time: 4 minutes

In the era of Netflix, YouTube, Disney+, Sky, and others, more and more people are watching videos online. Much of this is completely legal, especially within a subscription. However, there are still many sites that offer streams illegally. When exactly you make yourself liable by watching such streams and what the consequences might be, you can find out at TECHBOOK.

Caution is advised with free streams

Generally, everything you can watch on streaming services like Netflix, DAZN, Prime Video, etc., is completely legal. The providers have the necessary licenses and are allowed to offer the titles as part of a usually paid subscription. The key word here is: paid. Licenses for movies, series, and sports cost the providers fees, which they typically pass on to users. The same applies to the streaming services’ own productions. Paid streams or subscriptions from reputable providers are therefore generally legal.

With free offers, however, you should always be very cautious. While providers like Amazon Freevee are also free, as they are financed through advertising, there are numerous free websites where you should take a closer look. Platforms like “Kinox” or “Serienstream” may look professional, but they are now illegal. Therefore, you should always check whether the free video content you want to watch is available for a fee from an established streaming service. This explicitly applies to live streams of sports events as well.

You can also get all the important information about illegal streaming here in the video:

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EU has tightened penalties for illegal streaming

In fact, using such illegal streams was long in a legal gray area. Courts, especially in the early years of streaming, held the view that as long as nothing was stored on the user’s device, no copyright infringement occurred. Thus, the use itself was not punishable, only the possession and distribution of the content. However, the European Court of Justice has now significantly tightened the regulations.

Since a 2017 decision, it is no longer allowed in any case to use streams that contain an “obviously illegal source.” The user is responsible for checking the legality of the source. So, if there is any indication that it is an illegal stream, you can theoretically be held liable for copyright infringement and face a corresponding penalty.

This penalty is then based on the amount of illegally streamed content. However, you should at least expect to pay as much as would have been necessary for the legal use of the content. Depending on the content, the penalty amount can quickly reach the three-digit range. In general, you should avoid dubious streams and definitely avoid downloading videos. In so-called filesharing, where files are actually stored on the user’s device, the penalties can be significantly higher and reach into the thousands.

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How to recognize an illegal stream

Since the new EU regulation, users are primarily responsible for checking the source of a stream. So, if there is any indication that a site offers illegal content, you make yourself liable by using it.

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Common features of an illegal streaming site include a missing imprint or lack of contact options for the providers. The fact that the latest Hollywood movie is available for free on a platform right after its theatrical release is unfortunately often also a sign of illegal streaming, as is significantly inferior video quality.