YouTube Terms

I have a question for my readers (see below).

I’m currently working alongside someone who is creating an online course. He is employed by a college and the course will be their first foray into online distance education. I will provide pedagogical/technical advice and guidance as the course evolves. It will be based on Moodle 2.

The work is making me consider ‘stuff’ I’ve not delved into before. For example, we all know that embedding YouTube videos into our Moodle courses is pretty much ok because we are not taking the video from YouTube and provided that we use the YouTube player and/or link it’s ok. After all we’re driving traffic to that video clip and unless the clip’s author has specifically forbidden embedding of his/her/their video it’s not a problem.

But, and here’s the rub; what if the course is behind a paywall?

This may only be a technicality I’m not sure, because most college and university Moodle courses have to be logged-into by registered users. The video clip comes straight in, learners and teachers view it – no problem. But what if the users (the learners in this case) are paying to access an online, distance course? Do the rules change? I’ve been and looked at the YouTube terms and believe the following lines raise issues:

  • you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by YouTube via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
  • You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content.

So my question is:

Does anyone have experience in this area? How do you deal with it?

And furthermore, as universities begin to ‘charge’ up to £9,000 per annum, how will the above impinge on their embedding of YouTube (etc.) video clips?