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

29/09/2026

Ease Live Reports over 75 Million Interactive Sessions Du...

Interactive streaming specialist Ease Live supported more than 76.5 million fan sessions across three major European media operators during this summers FIFA Wo...

29/09/2026

Ease Live to monetise key moments in live sports

Ease Live has added support for VAST (Video Ad Serving Template) to its graphical overlay technology, opening up new ways for broadcasters, streamers and rights...

29/09/2026

Rise AV launches awards celebrating the women advocates a...

Rise AV has announced the launch of the inaugural Rise AV Awards, a new global awards programme celebrating the women, advocates and organisations across the AV...

29/09/2026

Netflix Deploys Advanced Sony PTZ Cameras For Wonka's The Golden Ticket' Production

Share Copy link Facebook X Linkedin Bluesky Email...

29/09/2026

Massachusetts Broadcasters Association Names Gene Lavanchy 2026 Broadcaster of the Year

Share Copy link Facebook X Linkedin Bluesky Email...

29/09/2026

ESPN Reports Its Most-Watched WNBA Regular Season

Share Copy link Facebook X Linkedin Bluesky Email...

29/09/2026

Scripps Taps Digital News Veteran Sean McGarvy to Lead News Strategy

Share Copy link Facebook X Linkedin Bluesky Email...

29/09/2026

Gray Raises Political Ad Revenue Estimates

Share Copy link Facebook X Linkedin Bluesky Email...

29/09/2026

Edward Czarnecki Uses Game Theory to Assess ATSC 3.0 Transition Policies

Share Copy link Facebook X Linkedin Bluesky Email...

29/09/2026

First Baptist Nashville Drastically Upgrades Production C...

Clear-Com announced that First Baptist Nashville has upgraded its production communications with a Clear-Com intercom solution as part of a comprehensive sanct...

29/09/2026

Blackmagic Cinema Camera 6K Captured Action Shots for Sketch

Blackmagic Cinema Camera 6K Captured Action Shots for Sketch Brie Clayton September 28, 2026 0 Comments Camera's portable design and dynamic range...

29/09/2026

Kean Production Services Deploys AJA ColorBox to Deliver Consistent, Accurate Color Across In-venue Displays at Live Events

Kean Production Services Deploys AJA ColorBox to Deliver Consistent, Accurate Co...

29/09/2026

Berklee Alumni and Faculty Nominated for the 2026 Latin Grammy Awards

Berklee Alumni and Faculty Nominated for the 2026 Latin Grammy Awards A total of 28 Berklee alumni and faculty earned nominations across 20 categories this ye...

29/09/2026

Berklee's K-Pop & Beyond Explores Connections Between K-Pop and Hip-Hop

Berklee's K-Pop & Beyond Explores Connections Between K-Pop and Hip-Hop Now in its fifth year, the series brings together artists, industry leaders, and s...

28/09/2026

NHL Names Adobe as an Official Creative, Marketing and AI Partner

The NHL has announced Adobe as an Official Creative, Marketing and AI Partner beginning with the 2026-27 season. The partnership will provide the league and its...

28/09/2026

MultiDyne to Showcase Expanded Portfolio Including MRMC Robotics at CABSAT 2026

MultiDyne will exhibit at CABSAT 2026 (October 5-7, Dubai Exhibition Centre), showcasing an expanded technology portfolio following its June 2026 acquisition of...

28/09/2026

ARRI and HONOR Launch Co-Branded HONOR Magic9 Pro Max

ARRI and HONOR have announced the HONOR Magic9 Pro Max, a flagship smartphone carrying ARRI branding on the device and packaging as the first product-level expr...

28/09/2026

Net Insight Adds Nimbra 1020G to Pan-Asian Live Media Trial Network

Net Insight has added the Nimbra 1020G to its pan-Asian live media trial network, giving customers and partners in the region a way to evaluate ST 2110 and JPEG...

28/09/2026

Vindral Named Recipient of 2026 Technology and Engineering Emmy Award

Vindral has been named a recipient of a 2026 Technology and Engineering Emmy Award by the National Academy of Television Arts and Sciences in the category of We...

28/09/2026

Interra Systems to Demonstrate QC and Monitoring Portfolio at CABSAT 2026

Interra Systems will exhibit at CABSAT 2026 (Stand B2-37, Dubai Exhibition Centre, October 5-7), demonstrating its BATON QC platform, ORION monitoring solutions...

28/09/2026

PGA TOUR's Michael Raimondo on Agentic Production, ShotLink Automation, and the Evolution of PGA TOUR Studios

Two years into its new production facility, the TOUR is expanding centralized wo...

28/09/2026

Game Creek Videos Epic Building Run Continues With ESPNs Countdown Unit, Upgrades to Four Others

In addition to rolling out a new mobile unit for ESPN's Monday Night Countd...

28/09/2026

Bleacher Report and WWE Reach Multi-Year Global Content Partnership

Bleacher Report and WWE have announced a multi-year content partnership giving Bleacher Report global highlight rights across WWE's programming slate, inclu...

28/09/2026

Behind The Mic: NBC Sports Shares MLB Wild Card Series Announcing Booth; ESPN Reveals NHL 26-27 Season Talent

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

28/09/2026

Fubo Adds Four NHL Regional Sports Networks for 2026-27 Season

FuboTV has announced a multi-year distribution agreement with the NHL to carry four regional sports networks covering the Carolina Hurricanes, Columbus Blue Jac...

28/09/2026

Program Productions Names Alan Ostfield President and CEO

Program Productions (PPI) has announced the appointment of Alan Ostfield as President and Chief Executive Officer, effective September 28, 2026. Ostfield succee...

28/09/2026

Ha-chan, Shake Your Booty! Encourages Us to Keep Dancing

Director Josef Kubota Wladyka attends the premiere of Ha-Chan, Shake Your Booty! with the film's cast and crew at Eccles Theatre on January 22, 2026, in P...

28/09/2026

SBE Announces 2026 Ennes Scholarship Recipients

Share Copy link Facebook X Linkedin Bluesky Email...

28/09/2026

Spectrum to Demo AI Computing at the Network's Edge at SCTE TechExpo 26

Share Copy link Facebook X Linkedin Bluesky Email...

28/09/2026

Autoscript launches new Voice Controller prompting soluti...

Autoscript, the leading global provider of professional teleprompting solutions, today announced Voice Controller for WinPlus-IP, a new voice-controlled prompti...

28/09/2026

IBC 2026 Technical Conference Highlights

IBC 2026 Technical Conference Highlights David Kirk September 28, 2026 0 Comments Hero image courtesy Deposit Photos David Kirk reports from the 11-1...

28/09/2026

First Baptist Nashville Taps Clear-Com for Production Coms

Share Copy link Facebook X Linkedin Bluesky Email...

28/09/2026

IEEE Announces Award for Leadership in Developing HEVC/H.265

Share Copy link Facebook X Linkedin Bluesky Email...

28/09/2026

Nakadi Introduces Live to Theater Service Powered by Pate...

Nakadi, a global streaming technology innovator dedicated to engineering a new era of digital media delivery, today announced its Live to Theater service based ...

26/09/2026

ESPN Operations, Production Teams Plan for Every Scenario as WNBA Playoffs Tip Off

With short turnaround between game selections, ESPN's operations team is pla...

26/09/2026

Prime Video Scales Up for First WNBA Postseason, Adding Cameras, Analysts, Coach Mics, and NBA Mobile Units

Prime Video will use GCV's Bird and Magic mobile units for its inaugural WNB...

26/09/2026

NBC Sports Tips Off First WNBA Postseason in 20+ Years Using Sunday Night Basketball as a Production Baseline

Studio show moves on-site as network models playoff coverage on its NBA flagship...

26/09/2026

Ratings Roundup: Cowboys-Commanders Leads NFL Week 2 With 27.2 Million, College GameDay Posts Best Week 3 Ever

Ratings Roundup is a rundown of recent ratings news and is derived from press re...

26/09/2026

From Sketch to Strut, Unzipped Returns to the Sundance Film Festival at 30

Douglas Keeve attends the 2025 Sundance Film Festival screening of Unzipped at the Egyptian Theatre. (Photo by Andrew H. Walker/Shutterstock for Sundance Film...

26/09/2026

YouTube Embraces Microdramas with Features for Episodic Shorts

Share Copy link Facebook X Linkedin Bluesky Email...

26/09/2026

Civil Rights Groups Urge Sen. Cruz to Delay Thumann Severs FCC Confirmation

Share Copy link Facebook X Linkedin Bluesky Email...

25/09/2026

SVG GameDay, Ep. 32: National Hockey Leagues John Bochiaro - Leading the Leagues In-Venue Efforts

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

25/09/2026

HBS Taps Ronald den Hollander as CEO

Infront has named Ronald den Hollander as CEO of its Host Broadcast Services (HBS) subsidiary, effective 1 October 2026. The appointment follows the previously ...

25/09/2026

NABA to Host Cyber University 2.0 Cybersecurity Summit in New York

The North American Broadcasters Association (NABA) will hold Cyber University 2.0, a full-day cybersecurity summit for the broadcast and media industries, on Tu...

25/09/2026

Alpha Networks and Ateme Deliver Low-Latency Video Platform for International Sporting Event

Alpha Networks and Ateme have delivered a joint video platform for the digital d...

25/09/2026

Viaplay Migrates Free-to-Air Channels to Encompass Altitude Scheduling

Encompass Digital Media has announced the migration of multiple Viaplay free-to-air channels - TV3, TV6, TV8, and TV10 - to its Altitude Scheduling platform. Al...

25/09/2026

NAB Show New York 2026 Set for October 21-22 at Javits Center

NAB Show New York 2026 will take place October 21-22 at the Jacob K. Javits Convention Center in New York City. Registration is open at nabshow.com/newyork. Th...

25/09/2026

NHL Network to Air NHL Tonight, NHL Now, NHL Tonight: First Shift, and On The Fly During 2026-27 Season

NHL Network has announced its studio programming lineup for the 2026-27 regular ...

25/09/2026

First Baptist Nashville Installs Clear-Com Arcadia Central Station

Clear-Com has announced that First Baptist Nashville has upgraded its production communications with a Clear-Com intercom system as part of a sanctuary technolo...

25/09/2026

Broadcast Management Group Upgrades to EVS XT-VIA Platform at Cloud Control Center

Broadcast Management Group (BMG) has deployed EVS XT-VIA live video production s...