Time shifting has to do with storing a program so that an individual can view the program later when it is more convenient.
It has nothing to do with whether the subject matter is in the public domain or not. If the privately-owned content is made available to the public, it is not time shifting.
Time Shifting Definition on Wikipedia
Privately-owned content that has been placed in a publicly accessible tube site or P2P is not time-shifting, it is piracy.