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

25/09/2026

Study: Only 10% of Young Adults Watched Local TV News Last Week

Share Copy link Facebook X Linkedin Bluesky Email...

25/09/2026

Optimum, A+E Global Media Sign New Distribution Agreement

Share Copy link Facebook X Linkedin Bluesky Email...

25/09/2026

MPA, Unions Back 'Motion Picture, Television, and Entertainment Revitalization Act

Share Copy link Facebook X Linkedin Bluesky Email...

25/09/2026

NAB Show New York Announces More Speakers and Programming Highlights

Share Copy link Facebook X Linkedin Bluesky Email...

25/09/2026

Comcast NBCU, NBCUniversal Local Award $2.5 Million to Nonprofits

Share Copy link Facebook X Linkedin Bluesky Email...

25/09/2026

Orange Belgium Strengthens Its Consumer and B2B TV Servic...

Long-Standing Customer Renews Multiyear Contract for VO's Secure Video Player, Content Security, and Device Monitoring Solutions Viaccess-Orca (VO), a glob...

25/09/2026

Automate Video Progress Bars in After Effects - No Keyframes!

Automate Video Progress Bars in After Effects - No Keyframes! Graham Quince September 24, 2026 0 Comments Learn how to create an automated video playb...

24/09/2026

Broadcast Management Group Assists Virginia Public Media With Move to New HQ in Richmond

Broadcast Management Group (BMG) is supporting Virginia Public Media (VPM), the ...

24/09/2026

Two Red Digital Cinema Cameras Receive GhostFrame Pro Certification

RED Digital Cinema's RED V-RAPTOR [X] and RED V-RAPTOR XL [X] cameras with the Phantom Track feature are the first cameras to receive GhostFrame Pro Certifi...

24/09/2026

FOX Sports Adds 4K Live Stream on Tubi to List of Available Options for Cowboys-Eagles on Thanksgiving Day

Bringing together the full family of networks, FOX Sports is also adding Tubi, F...

24/09/2026

Virginia Techs Lane Stadium Invests in Gameday Experience with New Daktronics LED Display, Audio Solutions

Virginia Polytechnic Institute and State University (Virginia Tech) has unveiled...

24/09/2026

SVG AI Innovation Lab Blog Tracks How AI Is Reshaping Live Sports Production

The blog collects SVG's reporting on AI across U.S. and European sports broadcasting Since SVG launched the AI Innovation Lab in April to advance the devel...

24/09/2026

SVG TranSPORT Keynote Conversation: How FOX Built a Transcontinental Transmission Backbone for the FIFA World Cup

SVG's annual TranSPORT conference, which will be held on Tuesday, Oct. 20 in...

24/09/2026

FloSports is Using AI To Build a New Generation of Live Production Tools to Bolster the Streamer's Internal Operations

The self-built Master Control Room has cut streaming operations incident-respo...

24/09/2026

Ortana Links AudioShake, ScorePlay for Live and Archive Audio Cleanup

Ortana Media Group, the software systems integrator behind the Cubix workflow platform, has connected AudioShake's audio separation models to ScorePlay thro...

24/09/2026

AudioShake Debuts Multi-Speaker 2.0 for Separating Overlapping Voices

AudioShake has released Multi-Speaker 2.0, the company's newest Multi-Speaker model, which removes 75% more noise and offers 32% better separation of overla...

24/09/2026

Op-Ed: Planning Media Day When the Calendar Isn't Certain - How MLB Clubs Can Prepare for 2027 Now

By Jon Morgan, Founder and Executive Producer, Ryval Studios For Major League B...

24/09/2026

Spectrum SportsNet Reveals Los Angeles Lakers Broadcast, Programming Schedule for the 2026-27 Season

Spectrum SportsNet has revealed its comprehensive programming and live game broa...

24/09/2026

Charlotte Hornets Ink Broadcast Deals With Gray Media, Sinclair to Bring Games to More Fans Across the Carolinas

The Charlotte Hornets has unveiled new broadcast partnerships with Gray Media an...

24/09/2026

Detroit Pistons Name DAZN as Exclusive DTC Streaming Platform

DAZN will be the exclusive direct-to-consumer streaming partner for the Detroit Pistons beginning with the 2026-27 season. Subscriptions are available at DAZN.c...

24/09/2026

Minnesota Wild Games Become Available to Spectrum Customers

The National Hockey League (NHL) has made an agreement with Spectrum that will allow Spectrum TV customers in the Minnesota Wild local broadcast territory to wa...

24/09/2026

Carolina Hurricanes, Spectrum Sign Multi-Year Agreement for Hurricanes Hockey Network Distribution

The Carolina Hurricanes has reached a multi-year distribution agreement to provi...

24/09/2026

Regional Games of the St. Louis Blues To Be Exclusively Broadcasted on Blue Note+

The St. Louis Blues has introduced Blue Note as the name of the new, exclusive ...

24/09/2026

Columbus Blue Jackets Games Head to Spectrum TV

Blue Jackets Hockey Network, the television home for Blue Jackets hockey, is coming to Spectrum TV under a new carriage agreement between the National Hockey Le...

24/09/2026

Manifold Technologies Appoints Ryhaan Williams as CCO for North America

Manifold Technologies Appoints Ryhaan Williams as CCO for North America Brie Clayton September 24, 2026 0 Comments Brings three decades of broadcast e...

24/09/2026

UNIFACHA Expands Educational Program with DaVinci Resolve Studio

UNIFACHA Expands Educational Program with DaVinci Resolve Studio Brie Clayton September 24, 2026 0 Comments Brazilian university empowers next generat...

24/09/2026

NABA To Convene Cyber University 2.0 To Address Cybersecurity Strategies

Share Copy link Facebook X Linkedin Bluesky Email...

24/09/2026

Big Blue Marble Makes the Origin of Austrian Parliament V...

Viewers watching videos from the Austrian Parliament online will soon find it easier to verify the authenticity of the content. Big Blue Marble, an internationa...

24/09/2026

nsign and Sony collaborate to simplify digital signage de...

nsign, the digital signage SaaS platform built around its Simplify Complexity principle, is now officially certified for BRAVIA Professional Displays from Son...

24/09/2026

Viaplay Selects Encompass Altitude Scheduling to Transfor...

Encompass Digital Media today announced the successful migration of multiple Viaplay free-to-air channels, including TV3, TV6, TV8 and TV10, to its Altitude Sch...

24/09/2026

Standalone Streaming Services Continue to Decline in the U.S.

Share Copy link Facebook X Linkedin Bluesky Email...

24/09/2026

Hollyland Unveils LARK M3 Wireless Audio System

Share Copy link Facebook X Linkedin Bluesky Email...

24/09/2026

Adobe Completes Purchase Of Topaz Labs

Share Copy link Facebook X Linkedin Bluesky Email...

24/09/2026

FCC to Vote on Satellite Spectrum, Unlicensed Ultra-Wideband Devices

Share Copy link Facebook X Linkedin Bluesky Email...

24/09/2026

LYNX Technik Launches New Series 5000 Card

Share Copy link Facebook X Linkedin Bluesky Email...

24/09/2026

KRK V SERIES MONITORS HELP INDUSTRY VETERAN SANTIAGO URI...

Music Supervisor, Composer, and Mixing Engineer Santiago Uribe has built a career around producing music for film and television, contributing to more than 40 p...

24/09/2026

NABA Cyber University to Convene Broadcast Industry Leade...

The North American Broadcasters Association (NABA) will hold a full-day cybersecurity summit focused on defending against growing cyber threats facing the broad...

24/09/2026

Tribeca Festival And AT&T Open Submissions For 10th Anniversary AT&T Untold Stories Program, Featuring $1.2 Million Production Prize

September 24th, 2026 TRIBECA FESTIVAL AND AT&T OPEN SUBMISSIONS FOR 10TH ANNIVE...

24/09/2026

How Open Science Can Help Researchers Prepare for the Next Pandemic

When COVID-19 emerged, scientists had a crucial advantage: Decades of prior research on coronaviruses meant they understood the virus' key proteins well eno...

24/09/2026

Contain the Chaos: CONTROL Resonant' Launches on GeForce NOW

A warped Manhattan is waiting in the cloud this week. Remedy Entertainment's CONTROL Resonant brings Dylan Faden's extraordinary abilities and a paranat...

23/09/2026

University of Washington's New Sundodger Studios Leverages ST 2110 to Bring Broadcast, Videoboard, and Creative Under One Roof

Four control rooms support B1G+ streams, videoboard shows, creative content, and...

23/09/2026

Mountain West Conference Moves Replay Operations West, Cutting Late-Night Hours

By Andrew Cohen, SVG Coorespondant The Mountain West debuted its new Replay Operations Center at the start of this football season, bringing real-time collabor...

23/09/2026

SVG Students to Watch: Brian Short, Ball State University

The Taylorville, IL, native is pushing creative boundaries at Ball State, gaining reps across directing, technical directing, tape, and more than 100 ESPN+ broa...

23/09/2026

The Musical and the Power of Spiteful Thinking

Alexander Heller, Nevada Jose, Will Brill, and Giselle Bonilla pose with cast members at The Musical premiere during the 2026 Sundance Film Festival at Eccles...

23/09/2026

McDonald's takes top spot as New Zealand's fast-food tastes evolve, according to Nielsen

Nielsen CMI data reveals a changing fast-food landscape, with value, convenience...

23/09/2026

AFP, Dalet To Collaborate On News Video Provenance, Authenticity

Share Copy link Facebook X Linkedin Bluesky Email...

23/09/2026

Spectrum News NECN Launches Across New England

Share Copy link Facebook X Linkedin Bluesky Email...

23/09/2026

COW Jobs: Blender on Windows - Generalist - Remote

COW Jobs: Blender on Windows - Generalist - Remote Brie Clayton September 23, 2026 0 Comments Application Users - Blender on Windows - Generalist Se...

23/09/2026

Bitfocus wins IBC2026 Best of Show Award for latest Butto...

Version 1.8 recognised for new workflow tools, boosted control panel flexibility and ease of integration into IP networks...

23/09/2026

Hiltron Reports a Successful IBC2026

Hiltron Communications reports a successful 2026 International Broadcasting Convention, held at the RAI Amsterdam. Exhibiting on stand A37 in Hall 1, Hiltron ex...