Q. Can I use YouTube content for teaching and learning?

If you'd like to use YouTube clips in your online courses within a shared environment, such as a virtual learning environment (VLE), intranet or even email, there are some copyright issues to be aware of. 

Can I share or embed a YouTube link?

It's easy to assume that if content can be viewed freely online, that it can therefore be used freely, however this isn't necessarily the case, especially for educational establishments or organisations. There are a limited range of statutory exceptions to copyright, which may apply to some purposes, however where they don't apply, a licence or permission from the copyright owner will be needed. 

Sharing or embedding a link is not unlawful, under UK copyright law. However, it is important to only share content that has been made available with the authorisation of the copyright owner. Content which has been posted without the copyright owner's authorisation may infringe copyright.  

Some copyright owners may object to a link being shared with multiple users, on the basis that doing so might encourage third party copyright infringement as shown in a recent case. If a link is accompanied by clear instruction to download or copy or anything that might be interpreted as such, this could constitute an infringement.

The following will help you work out whether you are likely to be able to safely use YouTube content. 
 

1. Is the source credible?

​Take steps to verify that the YouTube uploader is who they say they are. Generally, content posted by an organisation is held to be more credible than content uploaded by an anonymous account holder for instance. However, you shouldn't rely on this: do some research on other sources to verify that the content and channel you are interested in is genuine. 

2. Has the content been created by the YouTube account holder? 

YouTube only hosts third party content, and doesn't create or own the material uploaded. Many people are genuinely unaware that they don't have sufficient rights to upload and share third party content via YouTube. If the channel account holder hasn't created the content, you should take reasonable steps to check that they have the authorisation to lawfully broadcast it via YouTube and that this authorisation also allows further sharing or reuse, e.g. under the copyright owner's social media sharing policy. If it doesn't, then you can only use content under statutory exceptions to copyright or permission from the rightsholder.

3. Can you use the content under a licence, permission or statutory exception? 

Even when you can view content freely online, intellectual property rights in that content still remain. Rights can also be waived or licensed, but may be subject to terms and conditions.

Remember, an individual independently browsing or viewing content online may be covered by the fair dealing statutory exception for non-commercial private study or research. Students working on unique pieces of work, e.g. a dissertation or thesis, are able to use this exception. See Section 29: Fair dealing for private study and non-commercial research  in the Copyright, Designs and Patents Act (CDPA)1988.

For a cohort of students who are all viewing the content at essentially the same time for the same purpose, Section 29 does not apply and permission or a licence is likely to be needed. A further exception, Section 32, illustration for instruction may allow limited use of content in lectures, seminars, and in examinations. An assessment which contributes to the final mark of a course or module, including a final year project, dissertation, is considered an examination in this context. 

If you need to copy the content, the content is likely to be downloaded, it's good practice to get permission from the rights owner. If you modify the content in any way, rather than just embedding a link to the YouTube video, you will certainly need the rights owner's permission. If you (or the institution) want to reproduce content from YouTube, you may need to obtain additional clearance to use any third party content embedded in the clip. Typical examples of content which might need clearance are music, photographs, company logos or trade marks.
 

4. Does the copyright owner consent to your intended use?

This depends on the content. YouTube is a social channel, used by the public and official organisations, mostly for informational or promotional purposes, it's important not to assume that any use is allowed. You should take all reasonable steps to check that the clip you wish to use, can be used for your intended purpose, and have taken reasonable steps to ensure the work has first been made available with authorisation. Without this, any licence from the uploader will be invalid. This is because UK law gives the copyright owner the exclusive right to control the electronic communication of their work to the public.

In this context, the public refers to any number of multiple users and applies irrespective of whether the communication or sharing of the work takes place within a secure network, e.g. email, intranet or an e-learning environment like Brightspace. 

How do I find out what the content owner allows?

Check the content, the channel and other related sites for a disclaimer, copyright notice, social media notice, or a Creative Commons licence. For example, it's logical for a copyright notice to be in the opening or closing credits of a video. Content uploaders may themselves be using limited permissions to share content via YouTube, which may be non-transferable. 

If the content exists on another platform, it may be best to obtain access to the original source. In some circumstances, if the content owner provides access to the content on another platform and offers an educational licence, institutions will almost certainly need to use this, as some statutory exceptions may only apply where no suitable licence exists. 

If the content is reasonably available for purchase or license elsewhere, the use may then not meet the fairness requirement under fair dealing statutory exceptions.

Where permission is not given, or is unclear and your intended use isn't covered by statutory exceptions to copyright, you are likely to need consent from the copyright owner.

If you need help working out what's allowed, ask your Academic Liaison Librarian for advice, or contact Copyright, Open Research and Rights. 

Seeking permission

If the content is vital, and is not made available under a suitable educational licence, the exceptions don't cover your needs, or you wish to be licensed for full assurance that your use is lawful, then you need to ask the rightsholder's permission. 

You should seek permission in writing or by email, stating precisely what content you need to use, the purpose and who will have access. You also need to include how long you need the permission for, e.g. will it be for a limited timeframe or indefinitely. As copyright law, requires that you acknowledge the copyright holders, while a standard reference is fine, we also recommend that you also ask if they have any specific form of credit they wish you to use. 

Keep an official record of any reply or consent you receive so it can be produced if needed if the use is queried later. It is a good idea to forward a copy of any permissions granted to copyright@brunel.ac.uk so there can be a central record. If a rightsholder fails to respond, this must be treated as a no. This is because in the UK and many other countries, a rightsholder must opt in to have their work licensed, rather than opt out. 

You should also be sure that the person granting permission is actually authorised to do so.  

If you're unsure what's possible, get in touch with your Academic Liaison Librarian or Copyright, Open Research and Rights: copyright@brunel.ac.uk. Full contact details are available on the Library website. 

What are the risks of using content with inadequate permission?  

Circulating content that has been shared without permission of the copyright owner may be a breach of copyright law.

Anyone who then reuses this content, could be liable for secondary infringement as under UK copyright law, both the primary infringer (the person who first shares or uploads it) and secondary infringers (anyone who makes further copies) are liable for damages, charges and penalties.

It does not matter whether a person is aware that they have infringed. Ignorance can't be used as a legal defence, as the courts only take into account whether the infringement has taken place or not.

While the risk of legal action is relatively low, especially if good practice is followed - implementing takedown policy to remove any potentially infringing content under investigation, there remains a risk to both individuals and to organisations. It's important therefore to take the time to source content for teaching and learning appropriately. We're here to help if you're not sure.