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

21/07/2026

Cinegy directly addresses the real issues of software-def...

Cinegy GmbH, the premier provider of software-defined television technology, will use its presence at IBC2026 (stand 7.A01, Amsterdam RAI, 11 14 September) to...

21/07/2026

Calrec brings leading audio solutions and long term busin...

Calrec will be located in Hall 8, on Stand C47 Beyond bigger For years, broadcast facilities were built around one assumption: provision for the biggest pro...

21/07/2026

Pebble takes the next step towards the future of media de...

Pebble, the leading automation, content management and integrated channel specialist, will discuss its future-facing developments for the new generation of medi...

21/07/2026

nxtedition Brings Production, AI and Automation Together...

nxtedition returns to IBC2026 with its consolidated production platform, showing how scripting, editing, graphics, AI-assisted tools and automation can work wit...

21/07/2026

Big Blue Marble brings C2PA Content Credentials to Cloud...

C2PA content signing helps broadcasters, public institutions, and publishers give audiences a verifiable record of where their video content came from and how i...

21/07/2026

HDHomeRun Enables Operation During Internet Outages

Share Copy link Facebook X Linkedin Bluesky Email...

21/07/2026

Calif. Federal Judge Pauses Paramount-WBD Merger

Share Copy link Facebook X Linkedin Bluesky Email...

21/07/2026

AWARN Rebuts Weigel Claims of 3.0 EAS Problems

Share Copy link Facebook X Linkedin Bluesky Email...

21/07/2026

FCC Announces Tentative Agenda for August Open Meeting

Share Copy link Facebook X Linkedin Bluesky Email...

21/07/2026

VIDA Introduces QC Manager for Collaborative Quality Cont...

New capability centralizes collaboration, feedback, security and status tracking within VIDA, providing a structured, auditable approach to master quality contr...

21/07/2026

Lightcraft Launches Exclusive Spark Story Beta for Filmmakers and Creators at SIGGRAPH 2026

Lightcraft Launches Exclusive Spark Story Beta for Filmmakers and Creators at SI...

21/07/2026

Indie Road Movie Where in the Hell Shot with Pocket Cinema Camera 4K

Indie Road Movie Where in the Hell Shot with Pocket Cinema Camera 4K Brie Clayton July 20, 2026 0 Comments Colorist blends vintage film looks to shape...

21/07/2026

Which USS Defiant Pulse Phaser effect is better?

Which USS Defiant Pulse Phaser effect is better? Graham Quince July 20, 2026 0 Comments Aargh, ever since @DarkRavenProductions posted a comment ask...

20/07/2026

SVG All-Stars: Rob Coons, Senior Director, StudentU, Big Ten Network

The former Northwestern broadcast-operations leader is helping train the next generation of live-sports-production talent across the Big Ten The sports-product...

20/07/2026

Give Me the Backstory: Get to Know Stacey Lee, the Filmmaker Behind Murder 101

By Lucy Spicer One of the most exciting things about the Sundance Film Festival is having a front-row seat for the bright future of independent filmmaking. Whi...

20/07/2026

Telemundo Inks Another Major U.S. Spanish-Language Soccer Deal

Share Copy link Facebook X Linkedin Bluesky Email...

20/07/2026

HDHomeRun Enables Operation During An Internet Outage

Share Copy link Facebook X Linkedin Bluesky Email...

20/07/2026

Starfish highlights flexible, scalable transport stream p...

Starfish Technologies will use IBC2026 to showcase the flexibility of its transport stream processing software, including the latest versions of TS Splicer (Win...

20/07/2026

Bitfocus makes the connections at IBC2026

Bitfocus, the specialist in media control and monitoring, will show at IBC2026 (Elgato stand 8.D31, Amsterdam RAI, 11 14 September) how its Buttons control la...

20/07/2026

Mediagenix Introduces Trusted Agentic AI Operating Model...

Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, today announced new AI capabilities that e...

20/07/2026

Big Blue Marble Cloud DRM nominated for Streaming Media R...

Big Blue Marble's Cloud DRM has been nominated in the DRM/Content Protection category of the 2026 Streaming Media Readers' Choice Awards. Only four pro...

20/07/2026

At SIGGRAPH, NVIDIA Advances Graphics and Simulation With Agentic and Physical AI

At this year's SIGGRAPH conference, running through Thursday, July 23, in Lo...

20/07/2026

Bristol Myers Squibb Building Life Science Industry's Most Advanced AI Factory on NVIDIA Vera Rubin

Erin Davis calls it the SuperDuperPOD. That's two things in one name: phar...

19/07/2026

Halftime Show at FIFA World Cup Final Joins a Litany of Firsts for the Quadrennial Event

Justin Bieber, Madonna, Shakira, BTS make for a diverse lineup, and the venue ad...

19/07/2026

More Than Just a Game: FIFA World Cup's Lance Brass Breaks Down Stadium Production and Entertainment

The stage is set: three-time champion Argentina will defend its World Cup title ...

18/07/2026

More Than Just a Game: FIFA World Cups Lance Brass Breaks Down Stadium Production & Entertainment

Topics include pre-match ceremonies, live performances, the tournament's fir...

18/07/2026

As the Final Approaches, FIFA and HBS Take Stock of a World Cup That Rewrote the Production Playbook

When FIFA and HBS set out to produce the 2026 FIFA World Cup, the numbers alone ...

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...