Peer-to-Peer streaming and right of communication to the public in Australia

ABSTRACT Peer-to-peer streaming has emerged via software developed for swapping and sharing digital content (such as music, films, TV shows and live sports) with others across the internet. Peer-to-peer streaming has become an expedient technique for end-users, because it allows access to digital content without downloading it. However, while it is a novel advancement in technology, peer-to-peer streaming has heralded new challenges for copyright-protected works. This is because peer-to-peer streaming can affect the right of communication to the public, which is the exclusive right of the copyright owners. The process of making digital content available for others through peer-to-peer streaming can result in copyright-protected work being distributed illegally. This paper examines whether peer-to-peer streaming infringes the right of communication to the public in Australia.