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

North America Stories

13/10/2026

#GALSNGEAR's Tequity Talk Podcast Returns for Third Season

#GALSNGEAR has released Season 3 of its Tequity Talk podcast, with new episodes dropping every Tuesday through December 15. Hosted and executive produced by #GA...

13/10/2026

Most Valuable Promotions Appoints Joe Setley as SVP of Products and Digital Media

Most Valuable Promotions (MVP) has appointed Joe Setley as Senior Vice President...

13/10/2026

Zixi and TAG Video Systems Extend Integration for SCTE-35 Verification and Content Matching

Zixi and TAG Video Systems have announced an extended integration enabling the Z...

13/10/2026

LTN and Sony Integrate Ci Media Cloud with LTN Schedule Playout

LTN has announced an integration between LTN Schedule Playout and Sony's Ci Media Cloud platform, connecting cloud-based media management with linear playou...

13/10/2026

Infront Productions Announces New Management Structure

Infront has established a new management structure for Infront Productions. Amikam Kranz, Senior Vice President Media, Betting, Technology and Production, assum...

13/10/2026

Just Women's Sports Acquires Victra Sports, Launches App and Sport-Specific Channels

Just Women's Sports (JWS) has announced three developments: the acquisition ...

13/10/2026

Cinematographer Philip Lozano AFC Uses Sony Rialto Mini for Evil Dead Burn Car Fight Sequence

Cinematographer Philip Lozano AFC used the Sony Rialto Mini (VENICE Extension Sy...

13/10/2026

Op-Ed: Beyond the Newsroom - Why the Story Object Model Is Sports Media's Next Big Economic Shift

In a fundamental change, one expensive act of content creation could become many...

13/10/2026

SVG Digital Engagement Forum 2026 Hits NYC on December 15; HBS Director of Digital Johannes Franken to Keynote

The annual event will explore streaming, personalization, partnering with indepe...

13/10/2026

Freestyle Chess Partners with Game+ for North American Distribution

Freestyle Chess has announced a partnership with Game+, bringing coverage to 3.5 million households across Canada and the United States. The partnership launche...

13/10/2026

St. Louis Blues and Gray Media To Simulcast 10 Blue Note+ Games on First Alert ABC

The St. Louis Blues and Gray Media have announced a multi-year partnership to si...

13/10/2026

Spalk Expands NBA and NFL Multilingual Commentary Partnerships

Spalk has announced expanded multilingual commentary partnerships with the NBA and NFL. For the NBA, Spalk will provide remote broadcasts in Greek, Portuguese, ...

13/10/2026

All 32 Teams, One Night: ESPN's NHL Frozen Frenzy Returns for Fourth Season

Every NHL team. Five hours of nonstop hockey. ESPN's Frozen Frenzy is back The busiest night of the NHL season returns tonight with ESPN's NHL Frozen F...

13/10/2026

Mobile TV Group Goes Full-Stack With the MTVG Production Platform, Mountain Media Center

The longtime production-facilities provider also continues to roll out new mobil...

13/10/2026

Behind the Mic: Andrew McCutchen Joins SiriusXM for MLB Post Season; Eddie Olczyk Returns to Chicago

Behind The Mic provides a roundup of recent news regarding on-air talent, includ...

13/10/2026

Cal Opens On-Campus Twitch Studio for Student-Athletes Through StreamU

StreamU, the college athletics livestreaming network from TheLinkU and Twitch, has opened its first on-campus content studio at UC Berkeley. Cal student-athlete...

13/10/2026

Give Me the Backstory: Get to Know Noah Segan, the Director of The Only Living Pickpocket in New York

By Ramona Flume One of the most exciting things about the Sundance Film Festiva...

13/10/2026

Latest LYNX yellobrik Converter Enables Synchronization across both SDI and IP Environments

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

SBE 39 Plans Tech Symposium for November

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

Apple Makes Siri AI the Focus of its New Apple TV 4K

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

Report: Increasing Number of Viewers Prefer Highlights Over Full Episodes

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

Tegna, Disney Renew ABC Affiliation Pacts in 13 Markets

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

GatesAir Will Introduce High-Efficiency UHF Transmitters at NAB Show New York

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

Court TV Taps Yospace for Streaming Ad Insertion

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

Tegna Taps Trio of Regional Group GMs

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

LTN and Sony Integrate Cloud Media and Linear Playout Wor...

LTN announced today an integration between LTN Schedule Playout and Sony's Ci Media Cloud platform. Connecting cloud-based media management directly with re...

13/10/2026

Carr Defers to SecDef on Broadcasting Execution

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

Zixi, TAG Extend Partnership to Secure Live Ad Insertion

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

Globecast To Advance Media Orchestration at NAB Show New York

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

Report: Viewers Increasingly Expect HDR

Share Copy link Facebook X Linkedin Bluesky Email...

13/10/2026

Zixi and TAG Video Systems Extend Integration to Help Bro...

Zixi has integrated the TAG SDK so the Zixi Platform can use TAG'sContent Matching solution and fingerprints to restore SCTE markers lost in processing and ...

13/10/2026

Rise AV launches North America Regional Council ahead of...

Rise AV, the global not-for-profit organisation dedicated to attracting, supporting and retaining more women in the audiovisual industry, has announced the laun...

13/10/2026

Sonnet Announces Single-Slot Thunderbolt 5 to PCIe Card Expansion System

Sonnet Announces Single-Slot Thunderbolt 5 to PCIe Card Expansion System Brie Clayton October 12, 2026 0 Comments Compact Desktop System Features PCIe...

13/10/2026

Blackmagic Design Used on CCV Chevrolet Dealership Commercial

Blackmagic Design Used on CCV Chevrolet Dealership Commercial Brie Clayton October 12, 2026 0 Comments Pocket Cinema Cameras capture decades of car mo...

13/10/2026

All Systems Go: Global PC App Ecosystem Ready for NVIDIA RTX Spark

NVIDIA RTX Spark is a new beginning for the PC - a reinvention combining the capabilities of a gaming PC, a creative studio and a personal AI supercomputer into...

12/10/2026

ESPN Adds Field Pass With The Pat McAfee Show, Playbook With Next Gen Stats Altcasts to Super Bowl LXI, MNF Games

The ESPNU and NFL Network altcasts join the previously announced Super Bowl LXI...

12/10/2026

Veramatrix Streamkeeper Puts Those Fighting Piracy in a Proactive Position for Battle

The approach is based on prevention and making production of illegal streams inc...

12/10/2026

Clear-Com Powers Communications at Rock in Rio 2026

Clear-Com provided production communications infrastructure for Rock in Rio 2026, deployed by Brazilian partner Savana Comunica o. The system connected product...

12/10/2026

FIA Extreme H World Cup and DAZN Renew Global Broadcast Partnership to Power Growth of Hydrogen Racing

Extreme H has extended its global broadcast partnership with DAZN, bringing the ...

12/10/2026

beIN Asia Pacific Secures Wimbledon Rights Across Southeast Asia and Hong Kong Through 2031

beIN Asia Pacific has announced a new agreement with The All England Lawn Tennis...

12/10/2026

ARRI Releases Film Lab 1.5 with Expanded Format Options and Performance Improvements

ARRI has released Film Lab 1.5, a major update to its OpenFX plugin for applying...

12/10/2026

DAZN Acquires Basketball Streaming Service BASKET.TV

DAZN has announced the acquisition of BASKET.TV, a basketball streaming service operating across Latin America. Founded in 2020, BASKET.TV has a presence in Arg...

12/10/2026

Beyond the Hype: Exploring Real-World Applications of AI in Cloud-Based Live Sports Production with the NBA, AWS, Spiideo, and TwelveLabs

Industry leaders discuss the growing role of AI in automating production, enhanc...

12/10/2026

NBA Showtime to Broadcast Live from Rockefeller Center and Madison Square Garden for NBA Tip-Off Tripleheader

NBC Sports' NBA Showtime will broadcast live from Rockefeller Plaza and Madi...

12/10/2026

I'm Achieving Something Worthwhile for the Revolution. : Highlighting Merata Mita and the Merata Mita Fellowship

By Katie Arthurs Merata Mita (1942-2010), the legendary M ori filmmaker, godmot...

12/10/2026

Broadcasters and Pay Channels show dominance in South Korea's TV viewing while Streaming continues to grow, Nielsen's The Gauge shows

Nielsen data reveals traditional television continues to account for 70% of view...

12/10/2026

Interra Systems to Focus on Media Quality Visibility and...

At Asia's Broadcasting & Infotainment Show (A.B.I.S.) 2026, Interra Systems will showcase its latest innovations in automated QC, media monitoring, captioni...

12/10/2026

Digital Alert Systems Releases Version 6 1 Software for D...

Update Strengthens Access Controls, Refines EAS-Net , and Adds SSL-Based CAP Canada Support Digital Alert Systems, a global leader in emergency communications ...

12/10/2026

From Earth to Orbit, France's Ecosystem Delivers Agentic Computing at Scale With NVIDIA

Companies in France are deploying agentic computing across industries spanning s...

12/10/2026

OCP Global Summit: Amid Ecosystem Adoption, NVIDIA Opens Vera Rubin Architecture to Help Scale AI Factories Worldwide

As AI factories grow from megawatts to gigawatts, building them takes more than ...