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

30/06/2026

CazTVs 12 ENG Teams Across North America Keep Brazilian Fans on Top of World Cup

As Brazil's only way for fans to see all 104 matches, YouTube channel proves the power of digital...

30/06/2026

Telemundo, Peacock See More Record Setting World Cup Audiences

Share Copy link Facebook X Linkedin Bluesky Email...

30/06/2026

FOR-A America Adds Two Execs to U.S. Sales Team

Share Copy link Facebook X Linkedin Bluesky Email...

30/06/2026

A3SA Disputes Weigel Assertions that NextGen TV Threatens EAS

Share Copy link Facebook X Linkedin Bluesky Email...

30/06/2026

MainStreaming Selected by ITV to Support Delivery of ITVX...

MainStreaming, the award-winning and innovative Edge Video Delivery Network, today announced that it has been selected by ITV to support the delivery of ITVX, I...

30/06/2026

Chyron Launches New Chyron Academy

Share Copy link Facebook X Linkedin Bluesky Email...

30/06/2026

Clear-Com Upgrades Communication Systems for Jeopardy and...

When Wheel of Fortune and Jeopardy! needed to upgrade their wireless communications system, they turned to Clear-Com FreeSpeak wireless for their iconic televi...

30/06/2026

Supreme Court Gives Trump Tight Control over Independent Regulators

Share Copy link Facebook X Linkedin Bluesky Email...

30/06/2026

Rocket Lab to Acquire Iridium in $8 Billion Deal

Share Copy link Facebook X Linkedin Bluesky Email...

30/06/2026

Kyocera AVX Releases New Web-Based Antenna Integration Tool

Share Copy link Facebook X Linkedin Bluesky Email...

30/06/2026

YouTube Shorts Get a Makeover

Share Copy link Facebook X Linkedin Bluesky Email...

30/06/2026

Rise Announces 2026 Worldwide Mentoring Cohorts

Share Copy link Facebook X Linkedin Bluesky Email...

30/06/2026

Other World Computing Launches New Atlas Core Line with 256GB CFExpress 4.0 Type B Memory Card

Other World Computing Launches New Atlas Core Line with 256GB CFExpress 4.0 Type...

30/06/2026

DaVinci Resolve Studio Used for Taketoshi Sado's Perfume Cold Sleep -25 years Document-

DaVinci Resolve Studio Used for Taketoshi Sado's Perfume Cold Sleep -25 year...

30/06/2026

FOR-A America Expands U.S. Sales Team to Accelerate Growth of Software-Defined Solutions

Fernando Cruz and Jaz Wray Join as Regional Sales Managers; Bringing Extensive S...

30/06/2026

How NVIDIA's Inference Software Stack Powers the Lowest Token Cost

As organizations move from AI pilots to production AI factories, infrastructure decisions have shifted from peak chip specifications to cost per token: how many...

30/06/2026

Into the Omniverse: Three Workflows for Improving Vision AI Agent Accuracy With Synthetic Data and Fine-Tuning

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

30/06/2026

June 29, 2026

Scripps Research scientists demonstrate a faster, cheaper route to making critical drugs using common table sugar New method illustrates how to build a tough ch...

29/06/2026

Op-Ed: Why the 2026 World Cup Is Redefining the Economics of Live Sports Production

By Andy Rayner, CTO, Appear The 2026 FIFA World Cup is the largest football tou...

29/06/2026

Study: Esports Plays Major Role in Gen Z Media Habits, Purchasing Behavior

A new multi-country study from ESL FACEIT Group, Hero Esports, and Niko Partners estimates that 400 million Gen Z consumers regularly engage with esports, under...

29/06/2026

ESPN Sets Multiplatform Plans for America 250 Celebration

ESPN will mark America's 250th anniversary with a series of content initiatives across its linear, digital, and streaming platforms, including a special edi...

29/06/2026

OBSBOT Named Official Camera and Webcam Partner of Esports World Cup 2026

The Esports Foundation has named OBSBOT the Official Camera and Webcam Partner for the Esports World Cup 2026, bringing the company's AI-powered imaging tec...

29/06/2026

Insight Productions Launches Insight Storm, 53-Foot Esports Broadcast Truck

Insight Productions has launched Insight Storm, a 53-foot mobile broadcast unit designed specifically for esports production, live entertainment, and digital-fi...

29/06/2026

Gravity Media Delivers Global Distribution, Streaming Services for World Economic Forum in Dalian

Gravity Media once again provided broadcast, streaming, and content-distribution...

29/06/2026

Wimbledon Introduces AI-Powered Fan Features, Modernized Digital Platforms for 2026 Championships

The All England Lawn Tennis Club and IBM have introduced new and enhanced digita...

29/06/2026

Comcast to Spin Off NBCUniversal, Sky

Share Copy link Facebook X Linkedin Bluesky Email...

29/06/2026

Supreme Court Rules Trump Can Fire FTC Commissioner Without Cause

Share Copy link Facebook X Linkedin Bluesky Email...

29/06/2026

CVP Launches Warranty plus to Protect Professional Equipm...

CVP, one of Europes leading suppliers of professional video and broadcast solutions, has announced the launch of CVP Warranty , a new extended warranty programm...

29/06/2026

TitanTV Hires Mark Hadley as Technology Specialist

Share Copy link Facebook X Linkedin Bluesky Email...

29/06/2026

Fox Sports Delivers Another FIFA Mens World Cup Audience Record

Share Copy link Facebook X Linkedin Bluesky Email...

29/06/2026

Claude Meets Blackwell Ultra: Anthropic's Models Now Run on NVIDIA GB300 in Azure

Anthropic's Claude models in Microsoft Foundry - hosted on Microsoft Azure a...

29/06/2026

Open Models, Closed Environments: Palantir Brings Secure AI to US Agencies With NVIDIA Nemotron

Showcasing the importance of open source innovation in American AI, Palantir'...

28/06/2026

Freedman Labs Releases PrepMyMedia and ViewMyAttic for Post Production Professionals - 50% off for COWs!

Freedman Labs Releases PrepMyMedia and ViewMyAttic for Post Production Professio...

27/06/2026

Through Their Lens: What Cinematographer Amy Vincent Saw at the 2026 Directors Lab

There's no doubt that you've seen the world through Amy Vincent's ey...

27/06/2026

Apogee CRAS Symphony Mkii Education Feature Blog

Why CRAS Upgraded to Symphony I/O MK II When an audio school runs studios all day, every day, gear doesn't just need to sound good , it needs to survive rea...

27/06/2026

MultiDyne Acquires the Assets of MRMC

Share Copy link Facebook X Linkedin Bluesky Email...

27/06/2026

Spectrum Intelligence Ventures Launches Latis

Share Copy link Facebook X Linkedin Bluesky Email...

27/06/2026

Krotos Video to Sound Plugin Now Available for Adobe Premiere Pro

Krotos Video to Sound Plugin Now Available for Adobe Premiere Pro Brie Clayton June 26, 2026 0 Comments Editors can analyze footage, generate synchron...

27/06/2026

Mirai Media Elevates Digital and Broadcast Productions with Blackmagic Design

Mirai Media Elevates Digital and Broadcast Productions with Blackmagic Design Brie Clayton June 26, 2026 0 Comments Studio uses Ultimatte 12 HD and Po...

27/06/2026

Lutra Cafe & Bakery Opens At American Tobacco Campus

DURHAM, N.C. - JUNE 26, 2026 - Lutra Cafe & Bakery has opened its first brick-and-mortar location at American Tobacco Campus after owner Chris McLaurin operated...

26/06/2026

SVG GameDay, Ep. 21: Minnesota Vikings Allan Wertheimer - Large-Scale Shows in Minny

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

26/06/2026

Strike Fighter League Announces Second Online Tournament, Set for July 25 in Las Vegas

Strike Fighter League (SFL), a professional air combat digital sport combining f...

26/06/2026

InfoComm 2026: Wisycom Announces MPR60 Firmware Update, MATF Antenna Matrix, and PFL RFoF Box

Wisycom has announced three new additions to its professional wireless ecosystem...

26/06/2026

Eurovision Services Inaugurates Expanded Master Control Room in Madrid

Eurovision Services inaugurated an expanded Master Control Room (MCR) in Madrid on June 1, 2026, building on a broadcast hub the company has operated in the cit...

26/06/2026

Midco Sports and University of North Dakota Renew Broadcast and Sponsorship Partnership

Midco Sports and the University of North Dakota (UND) have announced a two-year ...

26/06/2026

G&D and VuWall Appoint Vutec as Exclusive South Africa Distributor

Guntermann and Drunck (G&D) and VuWall, both part of the Panoptec Technologies Group, have appointed Vutec (Pty) Ltd as exclusive distributor for their KVM and ...

26/06/2026

Visit Seattle Launches Drone Scoreboard at Space Needle for FIFA World Cup 2026

Visit Seattle, the official destination marketing organization for Seattle and King County, has launched what it describes as the world's first drone scoreb...

26/06/2026

CP Communications Provides RF and Wireless Support for 2026 NBA Draft at Barclays Center

CP Communications provided RF video, audio, and crew communications support for ...

26/06/2026

Reimagined MoonPay X Games League Kicks Off With Three-Day Event in Sacramento

Produced by longtime partner Echo Entertainment, the action-sports property is now a team-based year-round league The inaugural season of the MoonPay X Games L...

26/06/2026

MultiDyne Acquires MRMC, Expands into Camera Robotics and Motion Control

The deal establishes MultiDyne Robotics and Motion Control, maintaining the well-known MRMC brand.MultiDyne Video & Fiber Optic Systems has acquired the assets ...