Q. If I give students links to videos in YouTube, or anywhere that I haven’t checked copyright – will that land me in trouble?
Inclusion in the VLE of material which is already copyright infringing can constitute further infringement by a college or university. Although embedding may or may not be copying, it is nevertheless likely to be considered 'communication to the public' for the purposes of the legislation.
The onus remains on the college or university to clear the rights of any content that they make available to learners via the VLE.
This approach will have the effect of both reducing the risk of infringement and of demonstrating to learners the value and fairness of acknowledging the source of content accurately.
In October 2014, the European Court decided that reusing any content uploaded to YouTube would not be a copyright infringement, even if the original upload infringed copyright. You are however required to play YouTube content through their Player, under their terms and conditions.