Can I add or embed videos from video sharing websites like YouTube in my OER?


This practice is called “inline linking” which involves placing a line of HTML on your site that displays content directly from another site. We now commonly refer to this practice as embedding. Inline linking a YouTube video is generally acceptable regardless of its license condition (Standard YouTube license or Creative Commons license) and assuming that the author has not disabled this option.

A recent case from the Ninth Circuit Court of Appeals concluded that inline linking does not directly infringe copyright because no copy is made on the site providing the link; the link is just HTML code pointing to the image or other material. Other courts may or may not follow this reasoning. However, the Ninth Circuit’s decision is consistent with the majority of copyright linking cases which have found that linking, whether simple, deep, or inline, does not give rise to liability for copyright infringement.

In addition, merely using an inline link should not create trademark liability, unless you do something affirmative to create the impression that you are somehow affiliated with or endorsed by the site to which you are linking. Thus, embedding media in your online work should not expose you to legal liability (Source).

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