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

30/01/2026

Copper Leaf Media Merges With Dimension PR

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

30/01/2026

MXL: Aligning Broadcast Production With Software

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

30/01/2026

Grass Valley and NETGEAR Partner to Accelerate Enterprise...

Grass Valley , the leading technology provider for live production solutions, and NETGEAR Inc. (NASDAQ: NTGR), a global leader in network solutions, today anno...

30/01/2026

tvONE Appoints Amit Singh as Regional Sales Manager for I...

tvONE, a leading video processor, signal distribution technology and media server developer, announces the expansion of Amit Singh's role to Regional Sales ...

30/01/2026

Mike Aiton Brings Stories to Life with NUGEN Audio

With a career that spans four decades across television, film and post-production, Freelance Sound Designer and Post-production Sound Mixer Mike Aiton has built...

30/01/2026

DPA Showcases its Complete Wireless Microphone Ecosystem...

DPA Microphones will feature its new, fully integrated wireless microphone ecosystem, designed to let audio professionals work faster, cleaner and with total co...

30/01/2026

Ventum Tech and Emergent Announce a Strategic Partnership...

As the Middle East continues to accelerate investment in next-generation media, broadcast, and immersive content technologies, Ventum Tech today announced a str...

30/01/2026

MRMC Broadcast to Highlight High-Precision Motion Control...

Mark Roberts Motion Control (MRMC), a Nikon company and global leader in robotic camera systems, today announced its participation at Integrated Systems Europe ...

30/01/2026

Peacock Hits 44 Million Subs, Lost $552 Million in Q4

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

30/01/2026

ATSC Board Leadership Re-Elected For 2026

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

30/01/2026

MRC Issues Final Digital Advertising Auction Transparency Standards

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

30/01/2026

CBS Atlanta Launches New Weekday Morning News Show with AR/VR Set

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

30/01/2026

Boston Conservatory at Berklee Hosts the National Opera Association's 2026 Conference

Boston Conservatory at Berklee Hosts the National Opera Association's 2026 C...

30/01/2026

Student Spotlight: Sriram Narayanan

Student Spotlight: Sriram Narayanan The classical pianist shares his experience growing up with a language disability and finding his voice through music. Ja...

29/01/2026

L3Harris Technologies Reports Strong Full Year and Fourth Quarter 2025 Results, Initiates 2026 Guidance

MELBOURNE, Fla., January 29, 2026 - L3Harris Technologies (NYSE: LHX) reports fu...

29/01/2026

Nielsen Announces 2025 ARTEY Award Winners Following Record-Breaking Year of Streaming

Bluey' Wins Second Consecutive Top Streaming Title of the Year with 45 Billi...

29/01/2026

Report: Performance TV Ties With Social Media in Driving Ad Results

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

29/01/2026

ISE: NDI and OBSBOT Expand Partnership

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

29/01/2026

NTCA Asks FCC to Block Nexstar, Tegna Deal

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

29/01/2026

FCC Announces Tentative Agenda for February Open Meeting

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

29/01/2026

CBS Sports AFC Championship Game Attracts 48.6 Million Viewers

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

29/01/2026

Boston Conservatory Orchestra Presents East Coast Premiere of Peter and Leonardo Dugan Piano Concerto

Boston Conservatory Orchestra Presents East Coast Premiere of Peter and Leonardo...

29/01/2026

Mercedes-Benz Unveils New S-Class Built on NVIDIA DRIVE AV, Which Enables an L4-Ready Architecture

Mercedes-Benz is marking 140 years of automotive innovation with a new S-Class b...

29/01/2026

'Love is Blind: Sweden' Returns for a Third Season - Premiering on March 12

Back to All News Love is Blind: Sweden Returns for a Third Season - Premiering ...

29/01/2026

Unmask Bridgerton' Season 4 With Our Complete Coverage Guide

Back to All News Unmask Bridgerton' Season 4 With Our Complete Coverage Guide Yerin Ha as Sophie Baek and Luke Thompson as Benedict Bridgerton in Season ...

29/01/2026

Extraordinary Crime Mysteries, Mythical Worlds and High-Stakes Psychological Thrillers: Inside Netflix's 2026 Chinese-Language Slate

Back to All News Extraordinary Crime Mysteries, Mythical Worlds and High-Stakes...

29/01/2026

Into the Omniverse: Physical AI Open Models and Frameworks Advance Robots and Autonomous Systems

Editor's note: This post is part of Into the Omniverse, a series focused on ...

29/01/2026

GeForce NOW Brings GeForce RTX Gaming to Linux PCs

Get ready to game - the native GeForce NOW app for Linux PCs is now available in beta, letting Linux desktops tap directly into GeForce RTX performance from the...

28/01/2026

2026 Sundance Film Festival Reveals Short Film Program Award Winners

Top L-R: The Liars, Jazz Infernal, Living with a Visionary Second Row L-R: Paper Trail, The Baddest Speechwriter of All, Crisis Actor Third Row: The Boys and ...

28/01/2026

Aussies' love of travel sees 12% surge in ad investment according to Nielsen

Airlines, cruise and tour operators double down on ad spend as Australians' prioritise travel Sydney January 28, 2026 - New Nielsen Ad Intel data shows a...

28/01/2026

Daniel Finn Joins LABF in Philanthropy Role

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

28/01/2026

Tegna Expands Local News Offering with Revamped Mobile App

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

28/01/2026

Marshall Electronics Unveils CV420 27X UHD Camera at ISE...

Marshall Electronics launches the CV420-27X, its next-generation ultra-high-definition (UHD) IP camera, at ISE 2026 (Stand 4N900). Engineered for modern IP-base...

28/01/2026

TVM Selects Grass Valley Technology for OB Truck Refurbis...

Grass Valley has announced that Television Mobiles Ltd. (TVM), one of Europe's leading independent outside broadcast providers, has carried out a major refu...

28/01/2026

FOR-A to show cutting edge technology at FOMEX 2026

FOR-A is bringing remarkable new technologies to FOMEX, the Future of Media Exhibition (exhibiting in partnership with Future Art Broadcast Trading on booth 103...

28/01/2026

Riedel and Media Tailor Deliver Unified Broadcast and AV...

Continuing a longstanding collaboration, Riedel Communications and Nordic media technology company Media Tailor have once again joined forces to deliver a state...

28/01/2026

Pebble appoints Paul Nagle-Smith to drive fulfilment

Pebble has appointed Paul Nagle-Smith as vice president for customer fulfilment, strengthening its senior leadership focus on customer delivery and operational ...

28/01/2026

TV Azteca Strengthens Disaster Recovery Capabilities with...

Cloud playout solutions provider, Veset has announced that leading Mexican broadcaster, TV Azteca is using Veset Nimbus on AWS as a disaster recovery (DR) playo...

28/01/2026

MVP kicks off major football tournament with a tactical s...

Ensuring it can keep pace with a rapidly evolving live sports market, Balkan broadcast facility provider MVP Most Valuable Production has upgraded its flags...

28/01/2026

Akamai and Yospace Deliver Seamless Personalized Ad Exper...

Akamai Technologies, Inc. (NASDAQ: AKAM), the cloud solutions provider that powers and protects life online, and Yospace, the leader in dynamic ad insertion tec...

28/01/2026

Clear-Com Empowers Reykjavik City Theatre with New Upgrad...

The renowned Reykjavik City Theatre (RCT) recently underwent a major intercom system upgrade using Clear-Com solutions. This milestone project utilizes Clear-C...

28/01/2026

OpenDrives Announces New Funding, Appoints Trevor Morgan CEO

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

28/01/2026

AWARN Alliance Backs ATSC Sunset, NextGen TV Security Measures

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

28/01/2026

More Than Two Dozen Groups Tell FCC to Reject Nexstar-Tegna Deal

Share Share by: Copy link Facebook X Linkedin Bluesky Email...

28/01/2026

Boston Conservatory Orchestra Premieres a New Piano Concerto by Peter and Leonardo Dugan

Boston Conservatory Orchestra Premieres a New Piano Concerto by Peter and Leonar...

28/01/2026

Netflix's 'Kohrra' Season 2 Unveils A Thrilling Whodunnit Trailer Where The Truth Looks Foggier Than It Is!

Back to All News Netflix's Kohrra Season 2 Unveils A Thrilling Whodunnit Tr...

28/01/2026

What Next? Netflix Presents the Latest German-Speaking Series, Films and Non-Fction Highlights, Live in Berlin

Back to All News What Next? Netflix Presents the Latest German-Speaking Series,...

28/01/2026

Accelerating Science: A Blueprint for a Renewed National Quantum Initiative

Quantum technologies are rapidly emerging as foundational capabilities for economic competitiveness, national security and scientific leadership in the 21st cen...

28/01/2026

The Wait Is Over: Teaser Trailer Drops for 'Jo Nesbo's Detective Hole'

Back to All News The Wait Is Over: Teaser Trailer Drops for Jo Nesbo's Dete...

28/01/2026

Netflix Announces a Fictional Miniseries Inspired by the Marta del Castillo Case

Back to All News Netflix Announces a Fictional Miniseries Inspired by the Marta del Castillo Case Entertainment 28 January 2026 GlobalSpain Link copied to ...