Sony Pixel Power calrec Sony

Fair Play: Asserting Fair Use in the Age of Content ID

03/06/2023

Fair Play: Asserting Fair Use in the Age of Content ID As YouTube's algorithm snags copyrighted songs, music educators struggle to assert their fair-use rights and keep their content online.

By

Sarah Godcher Murphy

June 2, 2023

Illustration by Bruce Wymer

Over the past decade, many music educators have embraced YouTube as a platform to share educational content, reach a broader range of students, and, hopefully, supplement their income with a bit of ad revenue. The platform is hugely popular with music students of all skill levels, providing everything from beginner guitar lessons to in-depth analysis of iconic jazz solos. More than any other social media, YouTube connects independent learners with teachers who can help them.

While this may sound like a match made in heaven, the platform's copyright management policies create roadblocks for educators who post instructional videos on the site. YouTube uses a digital fingerprinting system known as Content ID to automatically scan every video uploaded to the platform, searching for copyright-protected material. Excerpts of songs as brief as five seconds can result in a video being flagged or taken down for copyright infringement, even though the video may be perfectly legal under the fair use doctrine, which allows educators to use copyrighted songs as examples of the concepts they are teaching.

Adam Neely

Image by Liz Maney

But what is legally considered fair use isn't always straightforward. What may be fine for a closed educational system like a college or middle school becomes much murkier in the wide-open-and revenue-generating-world of YouTube. Let's say, for example, you are teaching a lesson on how to reharmonize a jazz standard. In all likelihood, your lesson would include excerpts of recorded music, illustrating various harmonic approaches used by artists over the years. In the classroom environment, this undoubtedly would be considered fair use.

But if you were to record this lesson and upload it to YouTube-sharing your lesson with the platform's 2.6 billion users-your right to fair use isn't so clear cut. Because Content ID is fully automated, the system cannot distinguish fair use exceptions from outright piracy-which means that educational content gets ensnared just as easily as bootlegged copies of Beyonc 's latest single. And, once a video has been flagged, the copyright holder can opt to have the video removed, thereby deleting the educator's lesson.

Adam Neely B.M. '09 has experienced this problem firsthand. As one of the most popular and beloved music educators on YouTube, with 1.69 million subscribers, Neely says that nearly all the content on his channel has been flagged for copyright infringement.

I think-and many of the other people on YouTube also think-that this is an issue of fair use, he says. We legally have the right to use these small snippets for purposes of commentary and analysis.

Neely creates video essays and lessons that use brief clips of recorded music (each less than 10 seconds long) interwoven with his thoughts on everything from music theory and history to psychology and pop culture. The resulting videos feel like a lecture delivered by your favorite college professor crossed with a clever talk show host; and they're highly polished, cleverly edited, and consistently funny, says Spin magazine.

If I'm trying to make some kind of broader cultural or music theory or historical reference, I need to be able to use that bit of the copyrighted work; otherwise my commentary is meaningless, Neely says. There is no other way of doing it in the medium of YouTube.

Associate Professor Tomo Fujita, who launched his YouTube channel in 2019, strongly agrees, adding that YouTube has become an essential tool for connecting with students online. It's the only way. On Facebook, Instagram, Twitter, people say amazing stuff, but that's all. They just talk, talk, talk, he says. Those [platforms] are just making buzz. It doesn't do anything about anything unless you have a YouTube.

Fujita's approach to videos feels more personal-something akin to a private lesson in his home, during which he shares not only guitar instruction, but also life stories, jokes, and footage of his cat, Dexter. Fujita has built a following of 505,000 subscribers. But, he says, he cannot count on YouTube ad revenue for income, because of copyright issues. I don't really expect [it to make money], he says. But if it does, great.

That's because whenever Content ID nds a copyright-protected song in a video, YouTube allows the copyright holder to appropriate any ad revenue generated by the video. This practice, known as monetization, means that large corporations like Universal Music Group, Sony Music Entertainment, and Warner Chappell Music can take revenue away from educators like Fujita and Neely simply because they used a snippet of a song in one of their videos.

If I'm trying to make some kind of broader cultural or music theory or historical reference, I need to be able to use that bit of the copyrighted work; otherwise my commentary is meaningless.

- Adam Neely

Monetization began as an attempt to protect intellectual property, but has turned into a cash-generating machine for rights holders. According to YouTube's most recent Copyright Transparency Report, because of Content ID, YouTube has created an entirely new revenue stream from ad-supported, user-generated content-paying more than $7.5 billion to rights holders from ads alone as of December 2021. And while Content ID has helped ensure that artists rightfully get paid for their creations, it also ensnares content creators who are acting above-board.

The volume of Content ID claims is staggering. According to the transparency report, copyright holders made approximately 759
LINK: https://www.berklee.edu/berklee-now/news/fair-play...
See more stories from berklee

Most recent headlines

04/08/2024

Dalet Appoints Santiago Solanas as CEO to Lead Next Era of Growth and Innovation

Dalet, a leading technology and service provider for media-rich organizations, is excited to announce Santiago Solanas as its new Chief Executive Officer (CEO)....

03/06/2024

Dalet and Veritone Reach Agreement to Distribute, Transact and Monetize Media Archives

Dalet, a leading technology and service provider for media-rich organizations, a...

19/05/2024

TV Techs Weekly Product Wrap-Up

Missed any of our product coverage during your busy week? The TV Tech weekly product and services news wrap-up provides links to all of our coverage from May 13...

19/05/2024

The CW Shares Its 2024-2025 Lineup

LeVar Burton will host the new game show Trivial Pursuit on The CW, while Raven-Symon will host Scrabble....

19/05/2024

Biden, Trump Agree to Debates on CNN, ABC

President Joe Biden and former President Donald Trump have agreed to debates, set for June 27 on CNN and September 10 on ABC....

19/05/2024

End of the Line for Young Sheldon' on May 16

Young Sheldon signs off after seven seasons on CBS, when the series finale airs Thursday, May 18. Jim Parsons and Mayim Bialik reprise their roles as Sheldon Co...

18/05/2024

If Bundling Is Back, What's the Ideal Bundle?

PORTSMOUTH, N.H. Bundling is back in a big way, with all the major streaming companies and many pay TV operators exploring ways to simplify the consumer experie...

18/05/2024

FCC to Vote on LPTV Rules during June Open Meeting

WASHINGTON, D.C. Federal Communications Commission Chairwoman Jessica Rosenworcel has announced a tentative agenda for the June Open Commission Meeting schedule...

18/05/2024

Matthews Launches New Multipurpose Grip Rail Telescopic Grid Pipe Solution

Matthews Studio Equipment has introduced Grip Rail, which the company said offers a better way to mount equipment on location, in the studio, or on the fly....

18/05/2024

IAB Tech Labs, Google Partner on New First Party Data Solution

In a notable development in the industry-wide effort to address privacy concerns while improving efficacy of marketing efforts in a cookieless ad landscape, IAB...

18/05/2024

TV Tech Weekly Product Wrap-Up

Missed any of our product coverage during your busy week? The TV Tech weekly product and services news wrap-up provides links to all of our coverage from May 13...

18/05/2024

DHD Elevates the Art of Podcast Production

DHD Elevates the Art of Podcast Production Brie Clayton May 17, 2024 0 Comments Hero image: the DHD DX2 base and expansion modules Latest-generation ...

17/05/2024

Aerojet Rocketdyne's Camden Site Leverages Modernization Investments to Accelerate Solid Rocket Motor Production

Aerojet Rocketdyne has worked to modernize facilities at its Camden, Arkansas, l...

17/05/2024

FCC Plans to Revise LPTV Rules

The FCC has issued a Notice of Proposed Rulemaking (NPRM) that would revise rules governing low power TV stations (LPTV) in a number of areas, including online ...

17/05/2024

Demystifying Post-Production: Introducing Cinema 4D Particles Week 4

Demystifying Post-Production: Introducing Cinema 4D Particles Week 4 Brie Clayton May 17, 2024 0 Comments With the spring release of Maxon One, we&#...

17/05/2024

Takashi Yamazaki Film Godzilla Minus One Graded with DaVinci Resolve Studio

Takashi Yamazaki Film Godzilla Minus One Graded with DaVinci Resolve Studio Brie Clayton May 17, 2024 0 Comments Hero image credit: 2023 TOHO CO., LT...

17/05/2024

Sterling Event Group Streamlines Live Event Productions with AJA

Sterling Event Group Streamlines Live Event Productions with AJA Brie Clayton May 17, 2024 0 Comments Live event productions only happen once, which ...

17/05/2024

Meet the product manager

Muster Ngobi, product manager at LYNX Technik tells TVBEurope how the ever-evolving media industry provides a truly dynamic working environment By Matthew Corr...

17/05/2024

TV, Streaming Schedule for 2024 NFL Regular Season Is Released

NEW YORK As declines in linear TV viewing make the ongoing popularity of live sports, particularly football, central to financial success of the TV industry, th...

17/05/2024

Netflix Ad Tier Hits 40M Monthly Active Users

During Netflixs second Upfront presentation to advertisers, Amy Reinhard, Netflix's president of advertising, walked advertisers through the continued growt...

17/05/2024

Scripps Promotes Jeff Kiernan to VP, Local News

CINCINNATI The E.W. Scripps Company has added to its leadership team for news by promoting Jeff Kiernan a veteran journalist and general manager of Scripps'...

17/05/2024

Survey: New Disney-Fox-WBD Sports Streamer May Hurt Pay TV Sub Counts

Top executives from Disney, Fox and Warner Bros. Discovery have consistently insisted that their joint venture to launch the Venu Sports streaming bundle in the...

17/05/2024

Caitlin Clark's WNBA Debut Set Viewing Records

ESPN has announced that its coverage of Caitlin Clark's WNBA debut in the Indiana Fever versus the Connecticut Sun season opener was the most-watched WNBA g...

17/05/2024

ATEM Mini Extreme ISO switcher and Blackmagic Pocket Cinema Camera 4K

ATEM Mini Extreme ISO switcher and Blackmagic Pocket Cinema Camera 4K Brie Clayton May 16, 2024 0 Comments Blackmagic Design announced today that Yoic...

17/05/2024

Pixomondo's Virtual Production Academy Expands with Programs at Sony PCL, Vook, and Vancouver Film School

Pixomondo's Virtual Production Academy Expands with Programs at Sony PCL, Vo...

17/05/2024

WBD Upfront Show Offers Peeks at House of the Dragon,' White Lotus,' Biden-Trump Debate

The Warner Bros. Discovery upfront presentation took place Wednesday, May 15 at ...

17/05/2024

The Black Keys, Jelly Roll, Kate Hudson Set To Perform on The Voice' Finale

Season 25 of The Voice wraps on NBC Tuesday, May 21, with performances from The Black Keys, Jelly Roll, Kate Hudson, Lainey Wilson, Muni Long, Thomas Rhett and ...

17/05/2024

CNN Boss Mark Thompson's Plan Includes More News in More Categories on More Devices (Upfronts)

New CNN CEO Mark Thompson spelled out his plan for the struggling news network d...

17/05/2024

Netflix To Launch In-House Advertising Tech Platform

Netflix, a newcomer to the advertising business, said it plans to launch an in-house advertising technology platform....

17/05/2024

Netflix Plots TV Takeover at Upfront Presentation

Netflix shared some programming projects at an upfront presentation in New York. Those include the basketball-themed comedy series Running Point, a Mindy Kaling...

17/05/2024

Plex Geek Week Sale Offers 20% Off Plex Lifetime Pass

Plex is offering movie and music collectors a 20% discount off its Lifetime Plex Pass as part of its Geek Week sale....

17/05/2024

GroupM Names Toby Jenner as President, GroupM Clients

Giant media buyer GroupM said it named Toby Jenner as global president, Group M Clients, a new position at the company....

17/05/2024

Clients of Independent Agencies Boost Programmatic Buying

Smaller advertisers are increasingly buying connected TV programmatically, according to a new report from FreeWheel, Comcast's ad-tech unit....

17/05/2024

TCLtvPlus Adds Streaming Music Channels From Vevo

TCLtvPlus, the streaming app on smart TVs made by TCL, has added live linear channel from music-video programmer Vevo....

17/05/2024

StackAdapt Adopts Data From Samba TV for Programmatic Campaigns

StackAdapt said it made a deal to integrate data from Samba TV into its programmatic advertising platform....

17/05/2024

Tonight on Skeem Saam: Lehasa gets a rude awakening when Kgosi blackmails him

Tonight on Skeem Saam: Lehasa gets a rude awakening when Kgosi blackmails himDon't miss Friday, 17 May's riveting episode of South African soapie Skeem ...

17/05/2024

Tonight on House of Zwide: Dorothy is blown away by Ona's sketches for her wedding dress

Tonight on House of Zwide: Dorothy is blown away by Ona's sketches for her w...

17/05/2024

Tonight on Scandal: Dintle has a visit from her past that leaves her very unsettled

Tonight on Scandal: Dintle has a visit from her past that leaves her very unsett...

17/05/2024

Save Time and Money with WO Traffic v24.0

WO Traffic provides a solid foundation from which stations can manage, execute, and scale end-to-end ad trafficking and sales, both today and into the future. W...

17/05/2024

Broadcast Innovation in India: How AI and Automated Production Helps Smaller Sports Grow

Broadcast Innovation in India: How AI and Automated Production Helps Smaller Spo...

17/05/2024

SVG Sports Cloud Production Forum Gives Refresher Course on Cloud-Based Tools, Ecosystem

SVG Sports Cloud Production Forum Gives Refresher Course on Cloud-Based Tools, E...

17/05/2024

WNBA Tip-Off 2024: Scripps Sports Constructs New Studio for Second Season of WNBA Friday Night Spotlight on ION

WNBA Tip-Off 2024: Scripps Sports Constructs New Studio for Second Season of WNB...

17/05/2024

SVG College Summit 2024: Auburn's War Eagle Productions Breaks Down How They Produce Live Gymnastics Broadcasts

SVG College Summit 2024: Auburn's War Eagle Productions Breaks Down How They...

17/05/2024

Netflix & Shondaland Announce the Song List and Soundtrack for 'Bridgerton' Season 3: Part 1

Back to All News Netflix & Shondaland Announce the Song List and Soundtrack for...

17/05/2024

Skeem Saam: Thursday's episode, 16 May 2024 [video]

Skeem Saam: Thursday's episode, 16 May 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African soa...

17/05/2024

Prison Journalism: Letter to my mothers

Prison Journalism: Letter to my mothersThabo Mthembu was incarcerated in Pollsmoor Prison from 2014 to 2019. Read Thabo's story by Thabo Mthembu 17-05-20...

17/05/2024

Paul McCartney becomes UK's first billionaire musician

Paul McCartney becomes UK's first billionaire musicianMusic icon Paul McCartney has become the UK's first billionaire musician, according to the Sunday ...

17/05/2024

Tonight on Smoke and Mirrors: Sakhile advises Tiny against sabotaging Petunia

Tonight on Smoke and Mirrors: Sakhile advises Tiny against sabotaging PetuniaDon't miss Friday, 17 May's riveting episode of South African soapie Smoke ...

17/05/2024

RT'S Operation Transformation comes to a close after 17 seasons

RT has today announced that Operation Transformation (OT) is to end after 17 seasons. As series come to an end each year, RT undertakes an editorial review to...

17/05/2024

Studio One: Your Binaural Beats Lab

By Craig Anderton When I heard about binaural beats, I was interested-I like beats, and I'm into binaural audio. But this has nothing to do with either o...