This question is propted by this one. The answers seems to assume that youtube has a valid licence to distribute the work. What if that is not the case? Is it illegal to watch/listen to a video that is obviously distributed without a licence?
A standard fact pattern of home taping would be Alice buys a record, and allows Bob to make a recording of that record. Alice does not have distribution rights, therefore Bob is breaking the law by making an unauthorised copy.
If one uses youtube to listen to music that is 1 to 5 decades old ones "youtube stream" will be dominated by music that appears to be almost exclusively uploaded without the rights holders permission. Most obviously the "mixes" tend to have very low production values with respect to the transitions and the graphics while playing very high profile songs. This would appear exactly analogous to home taping, in that one is receiving and making a copy of a work that the providing party does not have distribution rights to. In the US youtube would be protected by section 230, and I think the UK has similar notice and takedown provisions in their intermediary liability laws but I do not think the user would have such protection.
Given that a work is uploaded to youtube without an appropriate licence, and the user believes correctly that this is the case, is viewing that work on youtube illegal? I am particularly interested in the UK, because of the fame of the "Home Taping Is Killing Music" claim, but other jurisdictions would be interesting.