
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
North America Stories
06/02/2026
Appear, which specializes in live production technology, announces the appointme...
06/02/2026
Baller League US announces CBS Sports and its 24/7 soccer streaming channel CBS Sports Golazo Network will air the league's programming in the United States...
06/02/2026
Gravity Media, which concentrates in production, content, media services, and fa...
06/02/2026
The Alliance for IP Media Solutions (AIMS), together with the Video Services Forum (VSF), the Advanced Media Workflow Association (AMWA), and the European Broad...
06/02/2026
Bitmovin, a provider of video streaming solutions, announces that 1001, an OTT service in Iraq, has chosen the Bitmovin Player to improve its video streaming pe...
06/02/2026
Combate Global and content creator Shane Fazen announce a licensing agreement to distribute the Hispanic-focused franchise's first three live MMA events in ...
06/02/2026
Cisco is powering the invisible backbone of Super Bowl LX at Levi's Stadium as the technology giant delivers secure, high-capacity connectivity for over 70,...
06/02/2026
Over the past decade, the NFL and Amazon Web Services have changed how football analytics are analyzed and presented through Next Gen Stats. There's real-ti...
06/02/2026
In-venue and creative video staffers at the professional and collegiate level ha...
06/02/2026
In-venue and creative video staffers at the professional and collegiate level ha...
06/02/2026
Ratings Roundup is a rundown of recent rating news and is derived from press rel...
06/02/2026
How the podcast-turned-studio-show Boston Has Entered The Chat became an anchor ...
06/02/2026
ORF, the public service broadcaster for Austria, is in Italy for Milano Cortina 2026, ready to bring the country's most popular winter sports direct to view...
06/02/2026
Milano Cortina 2026 is now underway and Austrian public service broadcaster, ORF...
06/02/2026
Warner Bros. Discovery (WBD) has lifted the curtain on its studios in Italy that...
06/02/2026
Milano Cortina marks the first time since London 2012 that NRK has had the full ...
06/02/2026
Winter sports are wildly popular in Norway, with cross-country skiing and biathl...
06/02/2026
Norwegian broadcaster NRK has the free-to-air rights to the Olympics back for th...
06/02/2026
The production of the mega-esports event also leverages facilities at EA headqua...
06/02/2026
Here's a preview of NBC's massive game and pregame production operation as Super Bowl Sunday approaches....
06/02/2026
Despite most never having strapped on skis or skates, Aussies are keen for some ...
06/02/2026
MNC Software, a global leader in network management and operational support systems tailored to the broadcast and media industry, today announced the launch of ...
06/02/2026
The annual Junior Eurovision Song Contest arrived at Tbilisi's Gymnastic Hall in Olympic City, presenting an international stage for young talent with rich,...
06/02/2026
NAB Show 2026 | April 19 22 | Booth # N2471
At this year s NAB Show, Sonnet will showcase new Thunderbolt 5 products, including desktop and rackmount PCIe card...
06/02/2026
The Alliance for IP Media Solutions (AIMS), together with the Video Services Forum (VSF), the Advanced Media Workflow Association (AMWA), and the European Broad...
06/02/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced a major update to Dalet Flex. Building on the workflow packages a...
06/02/2026
Getting closer to the business through highly respected technology partner
Stand 4P880, ISE 2026, Fira de Barcelona, 3 6 February 2026
Bitfocus is acceleratin...
06/02/2026
Bitmovin, a leading provider of video streaming solutions, has announced that 1001, a premier OTT service in Iraq, has chosen the Bitmovin Player to improve its...
06/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/02/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/02/2026
Back to All News
Next on Netflix Thailand 2026: The Widest Variety of Thai Stor...
06/02/2026
How invisible vaccine scaffolding boosts HIV immune response Scripps Research scientists designed a DNA scaffold that carries HIV vaccine proteins into the bo...
05/02/2026
Three examples of how wireless microphones are deployed to bring fans in deep an...
05/02/2026
Broadcast coverage will include 25 cameras distributed around the venues, including to some athletes; Galaxy AI Interpreter will also be deployed
The Opening C...
05/02/2026
Kiswe has partnered with the Mountain West Conference to power the next iteratio...
05/02/2026
NBCUniversal and Roku announce the launch of the 2026 NBC Winter Olympics Experience, a destination delivering NBCUniversal's comprehensive CTV coverage of ...
05/02/2026
Vizrt, which specializes in live production technology as well as transforming v...
05/02/2026
Canon USA has launched the RF7-14mm F2.8-3.5 L fisheye STM zoom lens and the RF14mm F1.4 L VCM prime lens. Building on Canon's legacy of innovative optics, ...
05/02/2026
The Paul E. Tsongas Center at UMass Lowell in Massachusetts has chosen Ikegami cameras for incorporation into its broadcast-quality television production facili...
05/02/2026
Once again, service members and Veterans worldwide will enjoy free access to NBC...
05/02/2026
Advanced Systems Group, LLC (ASG), a technology and services provider for media ...
05/02/2026
Broadcast Management Group (BMG) is strengthening its leadership team to support...
05/02/2026
NBC Sports selects Comcast Technology Solutions (CTS) to provide multiscreen vid...
05/02/2026
AIM Sports Group, a sports enterprise dedicated to elevating youth athletics thr...
05/02/2026
Designed for efficient use of shared services and resources, the home of OBS pro...
05/02/2026
The Yankees fan from Connecticut is executive producer of BTN StudentU for the Wolverines
In the live-sports-video industry, the future is bright. Our series S...
05/02/2026
In an Olympic first, the ceremony will be held in four locations simultaneously...