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Apple's Safari web browser prevents you from taking a screenshot of DRM (Digital Rights Management) content, such as Netflix movies, by blacking out that part of screen (when taking screenshot) which has the movie (as seen the the screenshot).

This is done in order to prevent piracy, and I get it.

However, my question is if Apple doesn't actually infringe any rights here? Because, for example, can't I opt to take a screenshot of a movie, to use it in a blog post? I believe Apple is infringing some right of the user here.

Pyrotechnical
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Dan
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3 Answers3

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Apple has no obligation to allow you to make fair-use copies or extracts.

You have no affirmative right to make them, even if it is not against the law to do so.

Trish
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ohwilleke
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It depends on what rights are granted under your EULA. Here is an example. §1 tells you that you have a license to use their software and it even points out that "this License does not grant you any rights to use such content". It grants you "a limited non-exclusive license to install and use one copy of the Apple Software", there is stuff about replacing Open Source components, you may not decompile the program etc. There are terms about consenting to use of data; you also "agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third party materials, extensions or web sites". Nothing in the EULA guarantees that you can take screenshots of protected material, even if you would prevail in an infringement lawsuit based on "fair use". So Apple has not infringed any right of yours, they have "refused to make it easy for you to exercise that right", or even if they "actively made it difficult".

The titular question about what counts as "fair use" is multiply asked and answered here.

user6726
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Someone - not Apple - has created a website. They decided what they want you to see, and also what they want you to be able to copy.

Apple’s software should let you do exactly what the website wants to allow you. In your case, taking screen shots is something the website doesn’t want you to do, and apples software follows that intent. The website also doesn’t want you to take a photo of the screen, but that’s something apple can’t prevent.

If you think you have a right to make a screenshot, that’s between you and the website. Apples software does what the website asks it to do. It’s the website making the decision, not apple.

For fair use situations, a photo taken with an average phone should be good enough.

gnasher729
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