Copyright for Teaching

During a lecture

The exception: Section 34 Educational Performance, allows us to play music and show films, videos and television broadcasts during lectures. This exception is classroom specific – i.e. in front of a physical audience, and only covers educational use. However, it does not apply when teaching students remotely using Zoom. 
An alternative to consider would be to use Section 32 Illustration for Instruction. This exception applies to text, images, music and video/film content used in lectures / lecture slides. Note that you must apply the fair dealing test. 

• The institution must own a legal copy of the work.
• You must use only the amount required for your teaching/to make your pedagogical point.
• Your use must not undermine the copyright owner's commercial exploitation.
• You must fully credit the work and its creator.

But there are possible risks of exploiting this copyright exception. When using Section 32 to copy more than very small excerpts from films, DVDS or broadcasts to protect ourselves, and the copyright owners’ intellectual property we must:

• Supply only a legally purchased copy of the work - held by the School.
• Supply it only to those registered on the course.
• Use a secure, password-protected environment and monitor usage.
• Prevent students from making copies.
• Ensure access is time limited - if you have to offer asynchronous instruction. It has been suggested ideally 48 hours – but certainly no more than a week. This is important when supplying lecture recording of whole films or more substantial quantities.
• Credit the work - stating the title and the producer and director.
• Add a terms of use statement.

YouTube in the classroom
Material on YouTube may have been uploaded without the consent of the copyright holder - so you must check, otherwise you could be accused of secondary infringement. Also, illegal downloads may be taken down at short notice and cannot be relied on. Some YouTube videos fall under a Creative Commons (CC) licence that permits sharing. To find them go to:       
YouTube > search for your topic > below the search box click on Filter > under Features select Creative Commons. 
If you are sure that the material is legally on YouTube, you can include clips/excerpts in your lesson under the exception: Illustration for instruction Section 32, providing it is entirely for the purpose of instruction and you comply with the Fair Dealing terms. 

Technical issues
The Section 32 Exception may be used not just for streaming content (communication) but also for copying/digitization/reformatting in order to communicate. However, films are often supplied with (DRM) copy-protection controls, and copyright law does not permit one to circumvent these. So, you could be liable for circumventing these controls even though your subsequent copying and communicating for educational use would be considered fair. (The legal problem is that the UK government has not introduced a workable mechanism under which users may circumvent effective technological measures in order to undertake “permitted acts.”) This is where risk analysis has to take place, taking into account the nature of the copyright holder, (how litigious?) The market for the work, etc.
See section 5.2 of Dr Emily Hudson’s SSRN paper: Copyright Guidance for Using Films in Online Teaching During the COVID-19 Pandemic