Using Video and Audio in Teaching (online and otherwise)
Video and audio are increasingly present in our classrooms, and as out-of-class review, learning, and study materials. In-class performances or display are usually okay!
Most of the time, showing things to students in class, or performing things with or for students in class is totally okay so long as you're showing them to registered students - there is a specific provision in the law, classroom use exception that allows teachers to perform or display things for instruction, without limitation, in non-profit, face-to-face, classroom settings. Note that If people who aren't registered for the class will be present you need to think about fair use, and possibly obtain permissions or public performance rights (this usually involves paying a fee).
- Singing a song that all the students already know
- Playing or singing from sheet music (legitimate copies (fair use/purchased/rented) only)
- Watching a video (in whole or in part) from a DVD or VHS tape
- Listening to music from a CD, tape, or record
The classroom use exception is not a flexible exception, like fair use. it only applies to teachers, and only in specific situations. But it also is not at all uncertain - you don't have to guess at market harm issues, or how much is an appropriately small amount.
Note: online and distance classes are not covered by the classroom use exception - it only applies when students and teachers are physically present in the same space. You may be able to display things for your online/distance students, but you'll have to think about it in terms of fair use.
Sites like YouTube and Vimeo have Terms of Service that say they are for personal use only. Some even specifically say they are for personal, non-commercial use. Subscription services like Netflix, Amazon Prime, and others also have Terms of Service, almost all of which also limit use to personal and/or non-commercial use. Some have even more specific limitations than that. It's unclear whether the terms of service on a free site, where you never clicked "I Agree", are legally enforceable, but with subscription services, you usually did actively agree to the terms of service at some point.
Media files like MP3s or movie files
If the files were not purchased, you may not have to worry about contractual limitations on your use, but do still have to decide the copyright-law question of whether playing questionably-legitimate copies in class is fair use . Note: Ripping or otherwise digitizing audio or video from source media is quite likely fair use sometimes. But this proposition is fairly hotly contested by media companies, and some media like DVDs and Blu-Rays present additional legal issues related to "anticircumvention" provisions of the DMCA.
Instructional/educational display outside of the classroom
Outside of the non-profit face-to-face classroom environment, the classroom use exception doesn't apply, so non-classroom use of audio and video such as in online instruction, at conferences, in school meetings, etc - may be allowed, but you have to think about it through the lens of fair use
Ripping or digitizing video or audio for instructional use
The classroom use exception doesn't cover making copies at all; it says you can show a picture from a book, but it does not say that you can scan the picture out of the book in order to put it in a presentation file that you project from your computer. You may be able to copy the pictures from the book in order to use them in class, but if so, it will be because of fair use.
Fair use almost certainly covers some copying of video for instruction, especially in the non-profit context. It's also likely that not all video copying, even in non-profit instructional contexts, falls under fair use. Courts haven't done much to interpret how fair use might apply to instructional use of videos, but they have allowed fair use copying of images in other contexts - sometimes even commercial ones - especially when accompanied by criticism or commentary.
If making the copies is a legitimate fair use, then subsequently showing them in class is probably permitted where the classroom use exception applies, and may be fair use in other circumstances.
Posting videos online for student use
Sharing videos online with students - when you upload copies of the videos yourself - is also usually a question of fair use. Linking to copies of videos online is another option for sharing videos with students, but it's always worth considering whether those videos are themselves legit copies.