The fair use issue is difficult to predict but since educators have such great leeway on fair use issues it seems likely you would have clearance here. It would depend n on the specifics of the actual case, but I think you'd likely be starting from a good vantage point, a transformative use for educational benefit, etc.

The DMCA could be an obstacle depending on if YouTube and rightsholders considered the use of YouTube to be a digital lock that is being "circumvented" by you downloading it. Even if you are intending to make a fair use of the work, it might be an infringement of the DMCA.

You can read more about this specific area here:

http://www.chillingeffects.org/anticircumvention/…

Finally, you have YouTube's TOS, which strictly forbids downloading. Even if it is legal under the DMCA and fair use, if you wave those rights under the TOS, it could be a breach of contract and a possible violation of the computer fraud and abuse act.

Though there are questions as to whether a TOS can apply to those who don't expressly agree to it (IE: Non-registered users) but this is by in large a new area of law that hasn't been widely tested.

That being said, it doesn't seem as if YouTube is doing much to stop downloading of their videos. Many sites make the process easy and operate in the open.

Do I think it's technically legal? I don't know. Too many hard questions to get a good answer. Do I think you'd ever get in legal trouble for it? Probably not. YouTube doesn't seem to press the downloading issue and no rightsholder is going to go after you, especially if they gave permission for educational use.

Of course, you could always try to brow beat your IT staff into allowing limited YouTube usage. But I suppose the odds of that are slim.

Hope this helps!

Do educators, using Fair Use, have the right to download these videos to their computer for use in the classroom?

From YouTube's site:

Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

Do educators, using Fair Use, have the right to download these videos to their computer for use in the classroom?

From YouTube’s site:
Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

The fair use issue is difficult to predict but since educators have such great leeway on fair use issues it seems likely you would have clearance here. It would depend n on the specifics of the actual case, but I think you'd likely be starting from a good vantage point, a transformative use for educational benefit, etc.

The DMCA could be an obstacle depending on if YouTube and rightsholders considered the use of YouTube to be a digital lock that is being "circumvented" by you downloading it. Even if you are intending to make a fair use of the work, it might be an infringement of the DMCA.

You can read more about this specific area here:

http://www.chillingeffects.org/anticircumvention/…

Finally, you have YouTube's TOS, which strictly forbids downloading. Even if it is legal under the DMCA and fair use, if you wave those rights under the TOS, it could be a breach of contract and a possible violation of the computer fraud and abuse act.

Though there are questions as to whether a TOS can apply to those who don't expressly agree to it (IE: Non-registered users) but this is by in large a new area of law that hasn't been widely tested.

That being said, it doesn't seem as if YouTube is doing much to stop downloading of their videos. Many sites make the process easy and operate in the open.

Do I think it's technically legal? I don't know. Too many hard questions to get a good answer. Do I think you'd ever get in legal trouble for it? Probably not. YouTube doesn't seem to press the downloading issue and no rightsholder is going to go after you, especially if they gave permission for educational use.

Of course, you could always try to brow beat your IT staff into allowing limited YouTube usage. But I suppose the odds of that are slim.

Hope this helps!