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(ii) Other YouTube videos:

This will depend on your jurisdiction's view as to whether they will rely on what is permitted by the Copyright Act in light of YouTube's terms and conditions.

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.
5. Your use must not conflict with the normal exploitation of the video using.
6. Your use must not unreasonably prejudice the copyright owner.

For further information, see information sheet ‘The New Flexible Dealings Exception – What am I Allowed to Do?’.

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".

Converting the Format of YouTube Videos for Download

If your jurisdiction is choosing to rely on what is permitted by the Copyright Act, 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 convert the YouTube videos.

C. Showing a copy YouTube video file in class

A copy of a YouTube video may be able to be shown in class under section 28 of the Copyright Act, provided it is for the purposes of educational instruction. For further information, see information sheet 'Performance and communication of works and audio visual material in class – What am I allowed to do?'.

Can we make the copy of the YouTube video available from the School Intranet or a Content Management System for teachers or students?
 
(i) Extract of an Australian broadcaster's free-to-air television program:

If the YouTube video is an extract of a television program that is made available by an Australian free-to-air broadcaster, it may be placed on the School Intranet or Content Management System provided it will only be used for educational purposes. 

For further information, see information sheet 'Copyright Implications of Content Management Systems: Schools'.

(ii) Other YouTube videos:
 
In the case of other YouTube videos, whether or not it can be placed on a School Intranet or Content Management System will depend on the application of the Flexible Dealing Exception.

Each use of the YouTube video must meet the requirements of the Flexible Dealing Exception.

In between uses of the video under the Flexible Dealing Exception, it is good practice to disable access to the video. 

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