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

18/07/2026

Netflix Viewing Hit Record 97 Billion Hours in First Half of 2026

Share Copy link Facebook X Linkedin Bluesky Email...

18/07/2026

YouTube's Creative Ecosystem Contributed $60 Billion to U.S. GDP

Share Copy link Facebook X Linkedin Bluesky Email...

17/07/2026

SVG GameDay, Ep. 24: Mercedes-Benz Stadiums Cole Gallagher - Supporting Shows in the ATL

In-venue and creative video staffers at the professional and collegiate level ha...

17/07/2026

Brooklyn Bowl Williamsburg Stagehands Vote to Join IATSE Local 4

Production workers at Brooklyn Bowl's Williamsburg location voted 15-1 to join IATSE Local 4. The bargaining unit covers 24 production workers at the venue,...

17/07/2026

DAZN and ADI Predictstreet Announce Exclusive Global Prediction Market Partnership

DAZN and ADI Predictstreet have announced an exclusive global strategic partners...

17/07/2026

Zixi and Comcast Technology Solutions Announce Integration for C-Band Satellite Replacement

Zixi and Comcast Technology Solutions (CTS) have announced a strategic integrati...

17/07/2026

Professional Fighters League Announces Multi-Year Partnership with ESPN in Brazil

Professional Fighters League (PFL) has announced a multi-year partnership with E...

17/07/2026

Spectrum Business Launches Spectrum TV Control Pro for Multi-Screen Venue Management

Spectrum Business has announced Spectrum TV Control Pro, a centralized app-based...

17/07/2026

Clark Wire and Cable Appoints Rick Fernandez as Latin American Representative

Clark Wire and Cable has announced that Rick Fernandez, Managing Director of Axxion Consulting, will serve as Independent Manufacturers Representative for Centr...

17/07/2026

TikTok, NBA, and WNBA Announce Multi-Year Global Content Partnership

TikTok, the NBA, and the WNBA have announced a multi-year global content partnership covering highlights distribution, creator access to marquee events, live-ga...

17/07/2026

MSG Entertainment Files Defamation Lawsuit Against Wired Over July 9 Article

Company alleges article contained false and misleading claims regarding customer data...

17/07/2026

Ratings Roundup: Argentina-England Semifinal Breaks Records for FOX; MLB All-Star Game Is Most Watched Since 2018

Ratings Roundup is a rundown of recent rating news and is derived from press rel...

17/07/2026

American Pachuco Gives a Legend of Stage and Screen His Due

(L-R) Edward James Olmos, Luis Valdez, Lou Diamond Phillips and Lupe Valdez attend American Pachuco: The Legend Of Luis Valdez Premiere during the 2026 Sundan...

17/07/2026

Spectrum Simplifies Control Of Multiple TVs At Bars, Restaurants

Share Copy link Facebook X Linkedin Bluesky Email...

17/07/2026

Foundry Releases SmartRoto for Nuke

Foundry Releases SmartRoto for Nuke Brie Clayton July 17, 2026 0 Comments Spline-based AI powered plugin accelerates time-consuming rotoscoping, helping...

17/07/2026

A Short Documentary About a Giant Pencil Edited with DaVinci Resolve Studio

A Short Documentary About a Giant Pencil Edited with DaVinci Resolve Studio Brie Clayton July 17, 2026 0 Comments SBIFF jury award winner finished fro...

17/07/2026

Wheatstone to Feature Virtual Mixing Platform at IBC 2026

Share Copy link Facebook X Linkedin Bluesky Email...

17/07/2026

Trump Threatens Networks Over Speech Coverage

Share Copy link Facebook X Linkedin Bluesky Email...

17/07/2026

Lightware Sustainability Report Details Product Efficienc...

Lightware has published its second voluntary Sustainability Report, showing how energy efficiency, product longevity and responsible material use are increasing...

17/07/2026

Foundry Unlocks Professional-Grade AI for VFX with Gripta...

Creative software developer Foundry today announced Griptape Enterprise, a new tier of the Griptape AI workflow orchestration platform, extended to meet the str...

17/07/2026

Foundry Releases SmartRoto for Nuke

Creative software developer Foundry today announced the availability of SmartRoto, a new AI-powered plugin upgrade for Nuke, NukeX, Nuke Studio, and Nuke Indie ...

17/07/2026

The Final Release of Blackmagic Fairlight Live is Now Available!

The Final Release of Blackmagic Fairlight Live is Now Available! Brie Clayton July 16, 2026 0 Comments Fairlight Live is a new audio mixer designed fo...

17/07/2026

Leveraging All of Entertainment's IP

Leveraging All of Entertainment's IP Andy Marken July 16, 2026 0 Comments Nobody ever wins the games. Period. There are survivors. There\s no win...

17/07/2026

NVIDIA Vera Rubin Maximizes Intelligence per Dollar for Post-Training Workloads - a Key Metric for Agentic AI

Think of a professional athlete. What separates elite performers is what happens...

16/07/2026

SVG Students To Watch: Kaden Sherman, Albany State University

This recent graduate and Georgia native has turned an early fascination with live production into a growing passion for camera work In the live-sports-video in...

16/07/2026

TNDV Marks First Year of Aspiration 35 Cinematic Production Truck

TNDV is marking the first anniversary of Aspiration 35, a mobile production truck built around ARRI Alexa 35 Live camera systems. Over its first year, the truck...

16/07/2026

ATSC Releases First Major Revision to A/85 Audio Loudness Recommended Practice Since 2013

ATSC has completed a major revision to its A/85 Recommended Practice: Techniques...

16/07/2026

FloSports Named Exclusive Global Media Partner for 2026 CrossFit Games

FloSports has announced an exclusive global media partnership with CrossFit for the 2026 CrossFit Games, presented by Air National Guard, beginning July 21 in S...

16/07/2026

Sennheiser Releases Spectera Firmware 1.4 and Command Button

Sennheiser has released firmware version 1.4 for its Spectera wireless system and announced the Spectera Command Button (Cat. No. 701014). The update adds comma...

16/07/2026

ESPN and Southwestern Athletic Conference Announce Multi-Year Media Rights Agreement Through 2030-31

ESPN and the Southwestern Athletic Conference (SWAC) have announced a multi-year...

16/07/2026

Audio-Technica Releases 20 Series Control Application for Elgato Stream Deck

Audio-Technica has announced the 20 Series Control Application, a Stream Deck plug-in for compatible Audio-Technica USB microphones. The application is compatib...

16/07/2026

SSL Live L550 Plus Consoles Power Audio Production for The Voice France Season 15

The fifteenth season of The Voice - La plus belle voix on TF1 used four Solid St...

16/07/2026

Gray Media and Atlanta Hawks Announce Georgia-Wide Broadcast Partnership for 2026-27 NBA Season

Gray Media and the Atlanta Hawks have announced a broadcast partnership that wil...

16/07/2026

SVG Sit-Down: Quarterback Showrunner Joe Zucco on Cinematography, Building Trust, Carrying On the NFL Films Legacy

Season 3 of Netflix's docuseries, which dropped this week, follows Jayden Da...

16/07/2026

Texas Rangers Switch Direct-to-Consumer Streaming Partner to BZZR

The Texas Rangers and Rangers Sports Network presented by Progressive (RSN) have announced BZZR as the new direct-to-consumer distributor for Rangers game broad...

16/07/2026

FIFA World Cup 2026: BBC Sport on Moving Across the Pond to Bring the Atmosphere of the Final Matches to Fans

With England's FIFA World Cup 2026 team getting ready to fly home after losi...

16/07/2026

With 36 Unilateral Cameras, NBC Sports Shapes 154th Open Championship Coverage for U.S. Viewers

In a return to Royal Birkdale, the team enjoys partnering with ETP and Gravity M...

16/07/2026

Altitude Sports & Entertainment's Tim De Lay on New SkyCam Digital Feed, Upgraded Studio Space

Along with a new studio at Ball Arena, the Colorado-based RSN is working with XR...

16/07/2026

FIFA World Cup 2026: Inside ORF's Austria-Based Production to Bring All the Emotions of the Tournament to Fans

Austria was back at the World Cup for the first time in 28 years, and the team d...

16/07/2026

Inside Gravity Media's Effort To Power the 154th Open Championship Production

With 42 RF cameras and high-power radio mics deployed, the spectrum environment ...

16/07/2026

The Gauge: Poland | June 2026

June brought stabilization to the television market. Poles spent an average of 3 hours and 36 minutes a day in front of their TV screens exactly the same as i...

16/07/2026

New studio monitoring leads Glensound's 60th year line-up...

Glensound returns to IBC with a major new addition to its intelligent loudspeaker range, the Greater Divine Supernal studio monitor, alongside recent developmen...

16/07/2026

Complete spectrum of innovation from British exhibitors a...

33 leading exhibitors are taking part in the GREAT Britain and Northern Ireland Pavilions and linked locations across IBC2026 (Amsterdam RAI, 11 14 September)...

16/07/2026

Hitomi Broadcast to showcase HDR colour verification and...

Hitomi Broadcast will introduce Spectra, a new HDR colour verification solution measured in picture, not using VPID, at IBC2026 (Hall 10, Stand A40). Expanding ...

16/07/2026

SMPTE Kicks Off 110th Anniversary Campaign

Share Copy link Facebook X Linkedin Bluesky Email...

16/07/2026

Cox Media Group Taps Waymark for AI Ad Creation Tools

Share Copy link Facebook X Linkedin Bluesky Email...

16/07/2026

Parks: Cable Broadband Sub Losses Slow Down

Share Copy link Facebook X Linkedin Bluesky Email...

16/07/2026

CatchLight, Sony Launch Initiative to Help Local Newsrooms

Share Copy link Facebook X Linkedin Bluesky Email...

16/07/2026

XR Launches XR ONE Ad Ops Platform

Share Copy link Facebook X Linkedin Bluesky Email...

16/07/2026

Zixi and Comcast Technology Solutions Partner to Provide...

Zixi, a leader in live video delivery and workflow orchestration, and Comcast Technology Solutions (CTS) today announced a strategic new integration to deliver ...