There are many “legal issues facing copyright holders of television shows whose product is available online through modern peer-to-peer networks.” In the instance there is a copyright infringement in peer-to-peer file sharing, court cases are left to determine whether or not the fair use policy is applicable. It has been suggested that the fair use argument depends “on whether the end user downloads for a private viewing experience or whether the end user downloads and extends the use beyond mere private viewing.” In other words, the courts are responsible for determining whether the character of the television show has been changed from the original. If, in fact, individuals are downloading television shows with the intention of using it for more than just “a private viewing experience,” then the fair use argument is much less valid.
It is suggested that the television industry take as many anti-piracy precautions as possible, so to avoid the level of illegal downloading in the music industry. Though the fair use argument may prevail in some instances, the majority of copyright infringement and piracy cases cannot be explained by the fair use doctrine. Therefore, copyright laws need to be updated to cover the technology that pirates are using to download their favorite television shows. As the title suggests, individuals involved in these copyright cases need to prepare for the fact that the fair use argument does not work with television shows as well as it may with music.