YouTube and TeacherTube: Guidelines for Use by Teachers

Background There is a dilemma when using YouTube in an educational setting as a conflict exists between the Copyright Act and the Terms of Use on the YouTube site. This advice provides recommended practices for the use of YouTube and TeacherTube in educational institutions. YouTube is a video sharing website that allows anyone to watch videos for free. Registered users can also upload videos for free. Section 28 in the Copyright Act allows schools to perform and communicate copyright material in class, however clause 5 of the Terms of Use. Your Use of Content on the Site states:Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TeacherTube (www.teachertube.com) is a video website that allows people to watch and share educational videos worldwide; TeacherTube does not pose the conflict described above. The TeacherTube terms and conditions state that videos may be downloaded for personal or classroom educational use, provided: there is a link to TeacherTube in any presentation, website or other form of media in which the downloaded video is included; and the author of the video is credited.

Recommended Classroom Practice It is recommended that: TeacherTube is the preferred option for use in the classroom, and the following practices are adhered to when using videos from the above websites in class. 1. TeacherTube Copying TeacherTube videos at home and using them at school as part of teaching practice, or uploading them to the school intranet or a content management system The TeacherTube terms and conditions state that videos may be downloaded for personal or classroom educational use (which would include uploading to a School Intranet or Learning Management System where they are needed for educational use), provided: there is a link to TeacherTube in any presentation, website or other form of media in which the downloaded video is included; and the author of the video is credited.

Under the TeacherTube terms and conditions there is no need to delete or destroy a copy of a TeacherTube video. However, all uses of TeacherTube videos must be for educational not entertainment purposes.

2. YouTube Because of the specific terms of use on the YouTube website, it is recommended that you seek to find videos from TeacherTube first. If it is necessary to use YouTube videos then adhere to the following: Do not use content that is likely to be an infringing copy. Only use YouTube videos for the purpose of teaching. There should be no commercial benefit. Only use what you need. Check that you can't purchase or readily license the content that you need from another source. Don't expose the content to further copying or communication, such as putting the material on the internet or giving students access to an electronic file that they could copy.

2.1. Streaming YouTube to a class You may be able to stream YouTube videos to a class under section 28 of the Copyright Act. This streaming may be directly from the YouTube website, or through a link to a YouTube video embedded on another website. The YouTube website provides information on how to embed links to YouTube videos. 2.2. Copying YouTube videos Depending on the circumstances, the Flexible Dealing Exception may allow the YouTube video to be copied. For the Flexible Dealing Exception to apply: 1. The YouTube video must not be a copy of content that is likely to be infringing. Content is unlikely to be infringing if it is on a YouTube Partner Channel YouTube has many content partners that provide videos, including National Geographic, BBC Worldwide and Showtime. 2. You must be using the video for the purposes of giving educational instruction. 3. Your use must be non-commercial. 4. The circumstances of your use must be a special case e.g. you are only using the amount you need. 5. Your use must not conflict with the normal exploitation of the video using e.g. you cannot purchase a copy or a licence to use the video. 6. Your use must not unreasonably prejudice the copyright owner e.g. it should not be subject to piracy nor be used in a derogatory manner. It is good practice to mark copies made under the Flexible Dealing Exception with words similar to: "Copied under section 200AB of the Copyright Act 1968". 2.3. Converting the format of YouTube videos for download onto a schools intranet site or a content management system for teachers or students. Note: there are still restrictions on the process you use for downloading the YouTube video. YouTube videos are built in Adobe Flash. To enable them to be downloaded they need to be converted into a different file format. This is permitted under the Copyright Act provided that: you do it yourself you do not provide assistance to others to convert the YouTube videos.

Each use of the YouTube video must meet the requirements of the Flexible Dealing Exception as described above. Schools must ensure that the content cannot be accessed by people other than staff and students e.g. not uploaded to the Internet, nor be given to students as an electronic file that they could copy. It is highly recommended that in between uses of the video under the Flexible Dealing Exception access to the video is disabled, or the video taken down. For further information see the Smartcopying website at www.smartcopying.edu.au or contact the Copyright Officer on 63805373 or email cole.marianne@ceo.wa.edu.au