They are technologically similar concepts, but there are distinct legal differences. When the act is performed by a single legal entity, it is “copying”. Where the act is performed by two separate legal entities, the receiving entity is “recording”. The transmitting entity is “distributing”.
RECORDINGS could infringe
There can certainly be infringement involved in the complete act, but it is committed by the entity distributing the work without permission, not the entity receiving the work.
Recording could be infringing in certain special circumstances, where the rightsholder controls both the transmission of the work as well as the presence of the receiver. It could be infringement to record inside a theater, for example.
But they cannot prohibit me from putting up an antenna and recording what I hear; they cannot prohibit me from attaching a computer to a network and recording what is sent to me over that network.
They are technologically similar concepts, but there are distinct legal differences. When the act is performed by a single legal entity, it is “copying”. Where the act is performed by two separate legal entities, the receiving entity is “recording”. The transmitting entity is “distributing”.
There can certainly be infringement involved in the complete act, but it is committed by the entity distributing the work without permission, not the entity receiving the work.
Recording could be infringing in certain special circumstances, where the rightsholder controls both the transmission of the work as well as the presence of the receiver. It could be infringement to record inside a theater, for example.
But they cannot prohibit me from putting up an antenna and recording what I hear; they cannot prohibit me from attaching a computer to a network and recording what is sent to me over that network.