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

24/02/2026

TNDV Supports Passion Conference 2026 with Cinematic Live Production Workflow

TNDV, a division of Live Media Group, delivered broadcast and live event product services for Passion 2026, marking the company's 17th year supporting the a...

24/02/2026

Seattle Kraken, TEGNA Announce Multi-Year TV Extension

Ryan Schaber has had a front row seat to both the dynamics behind the Kraken's now-extended broadcast affiliation with TEGNA and its impact on the broader s...

24/02/2026

Whoopi Goldberg's All Women's Sports Network Debuts Live Boxing

All Women's Sports Network (AWSN) announces the debut of women's professional boxing on its fast-growing television platform in partnership with Hall of...

24/02/2026

NFL and StatusPRO Expand Partnership with New Rights, Renewed Gaming License

The NFL and StatusPRO, a sports entertainment and technology company that combines AI and performance data with emerging technology to create experiential conte...

24/02/2026

Pro League Network Expands to 24/7 Programming with Connected TV Channel on Prime Video and LG

Pro League Network (PLN), a next-generation sports media and entertainment compa...

24/02/2026

Sportel Asia Set to Bring World Together

Sportel Asia returns to Singapore for the first time since 2018 on March 24-25 and Agn s Marsan, Executive Director of SPORTEL Asia, says the return to Singapor...

24/02/2026

Join ARRI's Webinar: Sports Cinematographer Domenick Satterberg's Game Day Playbook for Sports Shooters

Join ARRI for a conversation and Q&A with Sports Cinematographer Domenick Satter...

24/02/2026

U.S. Soccer Extends Agreement with Veritone to Monetize Archive Footage Using AI-Powered Content Licensing

Veritone, Inc announces a renewal of its agreement with U.S. Soccer to license a...

24/02/2026

SVG in Indy: NCAA's Natalie Steger on Producing Championship Broadcasts, Embracing Technology

Commitment to innovation at network, conference, and institutional levels have i...

24/02/2026

Braves To Launch New BravesVision' Regional Sports Network

The new RSN, which will produce 140+ games a year, arrives after the Braves exited Main Street Sports and FanDuel Sports Network earlier this month....

24/02/2026

2027 Sundance Film Festival To Take Place January 21-31 in Boulder, Colorado

Official Venues Unveiled for Festival's Milestone Colorado Debut in 2027...

24/02/2026

Disney Scores Best Performance in a Year in Nielsen's January 2026 Media Distributor Gauge

Disney Captures 11.9% of TV in January, Boosted by ESPN's ( 82%) College Foo...

24/02/2026

Griffin Media modernizes its newsroom operations with Bit...

Bitcentral, the leading provider of professional media solutions for broadcast and digital video, today announced that Griffin Media, an Oklahoma-based multimed...

24/02/2026

Intinor Appoints Ideal Systems as Authorized Reseller in...

Intinor announces the appointment of Ideal Systems as an authorized reseller, covering Singapore, Malaysia and Indonesia, and strengthening local access to resi...

24/02/2026

Dagens Industri moves to new base with nxtedition

Di TV implements its own nxtedition platform for continuity Dagens Industri, the popular Swedish financial publisher, has moved to a new base in the Nasdaq bu...

24/02/2026

Appear X Platform now SRT Verified for YouTube Live conte...

Appear, a global leader in live production technology, today announced that its X Platform has been officially verified by YouTube for Secure Reliable Transport...

24/02/2026

Telycam PTZ Cameras Support Production of U.S. Curling Trials

Share Copy link Facebook X Linkedin Bluesky Email...

24/02/2026

FCC Approves Transfers of Three Station Licenses to Sinclair

Share Copy link Facebook X Linkedin Bluesky Email...

24/02/2026

Women's Hockey Final Pulls in a Record 5.3 Million Viewers

Share Copy link Facebook X Linkedin Bluesky Email...

24/02/2026

The Gotham Sports App Revamps Options, Pricing

Share Copy link Facebook X Linkedin Bluesky Email...

24/02/2026

COBALT ARIA AUD-MON Receives Best of Show Awards at ISE 2...

Cobalt Digital, the leading designer and manufacturer of award-winning ST 2110 and SDI signal processing products, and a founding partner in the openGear initi...

24/02/2026

From Radiology to Drug Discovery, Survey Reveals AI Is Delivering Clear Return on Investment in Healthcare

AI is accelerating every aspect of healthcare - from radiology and drug discover...

23/02/2026

Dignity Health Sports Park Improves Fan Engagement Through Daktronics LED Display, Control System Upgrade

Dignity Health Sports Park, a multi-use sports complex in Carson, Calif., and Da...

23/02/2026

Gotham Sports Cuts Prices for Streaming Packages

The Gotham Sports App, the exclusive direct-to-consumer streaming home of MSG Networks and the YES Network, is introducing more choice and value with new packag...

23/02/2026

Cobalt ARIA AUD-MON Receives Best of Show Awards at ISE 2026

Cobalt Digital, a designer and manufacturer of ST 2110 and SDI signal processing products, and a founding partner in the openGear initiative, announces that its...

23/02/2026

Telos Alliance Releases Nielsen Watermark Encoder Update for Linear Acoustic AERO TV Processors

Telos Alliance, which has specialized in broadcast audio for more than three dec...

23/02/2026

L3Harris Advances Powder-in, Engine-out Hypersonic Propulsion Manufacturing

L3Harris hypersonics concept illustration....

23/02/2026

L3Harris Celebrates Engineers Week 2026

By combining their innovative spirit and technical expertise, L3Harris engineers are solving our customers most urgent challenges and shaping a better tomorrow....

23/02/2026

Broadcasters Foundation of America Announces 2026 Honorees

Share Copy link Facebook X Linkedin Bluesky Email...

23/02/2026

DirecTV Adds Apple TV's Formula 1 Racing

Share Copy link Facebook X Linkedin Bluesky Email...

23/02/2026

Netflix Greenlights New Romcom Film Messily Ever After' (WT), A Decade-Long Relationship on a Wild Emotional Ride

Back to All News Netflix Greenlights New Romcom Film Messily Ever After' (...

23/02/2026

Netflix Announces 1 Million Donation To National Film And Television School

Back to All News Netflix Announces £1 Million Donation To National Film And Television School Social Impact 23 February 2026 GlobalUnited Kingdom Link copi...

23/02/2026

NVIDIA Brings AI-Powered Cybersecurity to World's Critical Infrastructure

As technologies and systems become more digitalized and connected across the world, operational technology (OT) environments and industrial control systems (ICS...

21/02/2026

OBS CTO Sotiris Salamouris on the Legacy of the 2026 Winter Games

With Software Defined Broadcasting more established in Milan Cortina look for Los Angeles 2028 to have less hardware and more cloud-based software systems...

21/02/2026

Invisible String: NBC Olympics' Marsha Bird on the Hidden Work That Makes the Games Shine

The SVP of Olympic Operations on turning CAD drawings into reality, building tru...

21/02/2026

NAB Urges FCC to Tamp Down Reallocation Plans for Upper C-Band

Share Copy link Facebook X Linkedin Bluesky Email...

21/02/2026

Chyron Paint 10.3 Adds New Visualization Features for Live Action

Share Copy link Facebook X Linkedin Bluesky Email...

21/02/2026

Netflix Unveils the Trailer of Accused', A Psychological Drama on Power, Perception and Public Judgment

Back to All News Netflix Unveils the Trailer of Accused', A Psychological ...

20/02/2026

Gravity Media, Green Couch Entertainment Partner to Create Original Programming for International Broadcasters

Gravity Media and Los Angeles-based Green Couch Entertainment announce a strateg...

20/02/2026

IMAX, Apple TV Bring 2026 FIA Formula One World Championship Races to Selected U.S. Locations

IMAX announces it is working with Apple TV to bring the 2026 FIA Formula One Wor...

20/02/2026

Big Upgrade to Spring Training Experience With New Daktronics Displays at Phillies' BayCare Ballpark

Daktronics has partnered with the Philadelphia Phillies to design, manufacture, ...

20/02/2026

ESPN To Launch Women's Sports Sundays, a New Summer Weekly Primetime Franchise

ESPN announces the upcoming launch of Women's Sports Sundays - a first-of-it...

20/02/2026

Sennheiser Spectera Handheld Makes Broadcast Debut at Super Bowl LX

As the Seattle Seahawks and New England Patriots faced off in the NFL's biggest sporting event of the season on Sun., Feb. 8, Sennheiser wireless solutions ...

20/02/2026

ESPN To Stream More MLB Spring Training Games Than Ever in 2026

ESPN announces its 2026 Major League Baseball spring training schedule, which includes four national games on ESPN, six games on ESPN Unlimited, and more than 2...

20/02/2026

Open Broadcast Systems Launches 200 Gigabit Ethernet

Open Broadcast Systems, which specializes in software-based professional video transport, has added support for 200 Gigabit Ethernet to its range of encoders an...

20/02/2026

Chyron PAINT 10.3 Adds New Ways To Visualize Live Sports

Chyron announces the release of PAINT 10.3, which is designed to help analysts and operators turn live action into clearer, faster on-air storytelling. PAINT 1...

20/02/2026

Live Spring Training Games Begin Feb. 20 on MLB Network With Yankees Against Orioles

With full squad workouts underway, MLB Network's live Spring Training game s...

20/02/2026

MLS Kickoff 2026: As FIFA Men's World Cup Looms, League's Media Operations and Apple TV Aim To Enhance Viewing Experience

Tech enhancements, marquee productions are expected to take advantage of a summe...

20/02/2026

SVG GameDay, Ep. 4: Temple Athletics' Paige Wisehaupt - Driving Digital Content for the Cherry & White

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