
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
15/09/2026
At IBC2026, Pixitmedia by DataCore will showcase its latest capabilities designe...
15/09/2026
Quantum Corp. today announced the release of Quantum Autonomous Data Management ...
15/09/2026
Former Wyndham Hotels & Resorts technology executive will focus on fan engagemen...
15/09/2026
Creator Sports Network (CSN) and FAN.live have announced a partnership giving CSN's network of more than 2,000 vetted creators access to live 3D NFL broadca...
15/09/2026
SVG and SVG Europewere all over the IBC 2026 show floor out in Amsterdam, bringi...
15/09/2026
Rise WIB has announced the shortlist for the Rise Awards 2026, returning to Troxy in London on Tuesday, November 17. The awards recognize outstanding women, adv...
15/09/2026
Major League Table Tennis (MLTT) has announced its media distribution lineup for the 2026-27 season, beginning September 11. Every match will stream live on the...
15/09/2026
Willow Sports has announced it will serve as the exclusive U.S. and Canadian hom...
15/09/2026
Gravity Media has announced it will provide outside broadcast production and technical services for the MXGP of Australia, the finale of the 2026 FIM World Moto...
15/09/2026
Co-founders Scott Coker and Peter Y. Levin have unveiled Ki MMA, a new global mixed martial arts promotion launching in the first quarter of 2027. The announcem...
15/09/2026
Sony Electronics has announced two new G Master super-telephoto prime lenses for...
15/09/2026
GlobeCast provides facility for AI-power automated production core...
15/09/2026
Gravity Media, a leading global provider of production and content, and media services and facilities, is empowering Tourism and Events Northern Territory (NT) ...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Six Berklee Alumni Win at 2026 Emmy Awards The recipients were recognized for their contributions to Widow's Bay, Beef, South Park, and Bad Bunny's Su...
15/09/2026
OWC Announces Acquisition of OpenDrives, Expanding Software-Defined Video and Ri...
15/09/2026
Podcast The Vertical Buzz Shot with Blackmagic Pocket Cinema Camera 6K Pro
Brie Clayton September 14, 2026
0 Comments
Production team builds premium p...
15/09/2026
Grass Valley Launches AVORA at IBC2026
Brie Clayton September 14, 2026
0 Comments
New standalone solution gives production teams everything they need ...
15/09/2026
Brandon Woody Joins Berklee Student Ensemble for Signature Series Concert The acclaimed trumpeter, composer, and bandleader will lead a Berklee student ensemb...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/09/2026
Lil Baby's Dead Fresh kicks off ESPN's Week 1 Monday Night Football, ...
14/09/2026
With Super Bowl LXI waiting in Los Angeles, ESPN will use the regular season to ...
14/09/2026
By Bailey Pennick
One of the most exciting things about the Sundance Film Festival is having a front-row seat for the bright future of independent filmmaking. ...
14/09/2026
Cobalt Digital IBC Stand 8.F90 // Journalists: Click to visit Cobalt
Highlights...
14/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/09/2026
Bitmovin, a leading provider of video streaming solutions, has announced that Australia's largest media company, Nine Entertainment (Nine), has deployed Bit...
14/09/2026
Creativepool Annual 2026 Winners Announced
Brie Clayton September 13, 2026
0 Comments
The creative industry's Most' awards celebrates another...
14/09/2026
As local models become more capable, AI agents can handle more work directly on a PC while keeping sensitive information on the device.
Portable Computer is a ...
13/09/2026
Pixel Academy Announces Autumn Courses
Brie Clayton September 13, 2026
0 Comments
The ACT Entertainment tvONE and Green Hippo Pixel Academy has releas...
13/09/2026
2Vision Powers Dawid Podsiad o's Obrotowy Tour with Blackmagic Design
Brie Clayton September 13, 2026
0 Comments
Touring multicamera workflow buil...
13/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/09/2026
J. Alphonse Nicholson, Danielle Brooks, Walter Thompson-Hernandez, and Bodhi Dell attend the premiere of If I Go Will They Miss Me at the Library Center Theat...
12/09/2026
At IBC 2026, Calrec has unveiled Type RT, a new 6, 12 and 18-motorised fader console range that condenses everything a broadcast audio desk needs into a compact...
12/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
12/09/2026
WUPPERTAL, Germany Sept. 11, 2026 From July 6 to Aug. 23, 2026, Paris hosted the Esports World Cup (EWC), a seven-week live production spanning eight stages...
12/09/2026
Riedel Communications today announced that Mediacom has purchased and deployed Easy5G , Riedel's Private 5G solution, for live broadcast coverage of La Vuel...
12/09/2026
AMP VISUAL TV is continuing the evolution of its production infrastructure with further investments in Riedel technology across its OB fleet and fixed productio...
12/09/2026
Riedel Communications today announced that Touring Video, a premier entertainment mobile production service company, continues to expand its production workflow...