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

24/06/2026

Nielsen's Q1 2026 Ad Supported Gauge

Streaming sets record high of 46.6% of ad supported TV viewing, driven by Super Bowl and Winter Olympics; overall share of ad supported TV remains steady NEW Y...

24/06/2026

FCC Flooded with Nearly 28K Comments Regarding Its Probe of 'The View'

Share Copy link Facebook X Linkedin Bluesky Email...

24/06/2026

Hearst Television Brings Ad Addressability to Local Broadcast TV

Share Copy link Facebook X Linkedin Bluesky Email...

24/06/2026

FCC Raises $3.5 Billion in AWS-3 Wireless Auction

Share Copy link Facebook X Linkedin Bluesky Email...

24/06/2026

RE:Vision Effects Announces Twixtor Standalone v 8.1 and a Sale!

RE:Vision Effects Announces Twixtor Standalone v 8.1 and a Sale! Brie Clayton June 24, 2026 0 Comments Twixtor v8.1 Standalone adds support for variab...

24/06/2026

Dreamtek Uses Full Blackmagic Workflow for Vercel Next JS Event

Dreamtek Uses Full Blackmagic Workflow for Vercel Next JS Event Brie Clayton June 24, 2026 0 Comments Blackmagic cameras, switchers, routers, recorder...

24/06/2026

Chyron LIVE Unveils New Features: Haivision StreamHub Integration, SCTE-35 Ad Insertion, and Refined Switching Tools

Chyron LIVE Unveils New Features: Haivision StreamHub Integration, SCTE-35 Ad In...

24/06/2026

Mapping an Education

Mapping an Education How composer Chloe Clarke Smith navigated her Boston Conservatory experience and brought new meaning to her work June 24, 2026 By Sara...

24/06/2026

The Next Act

The Next Act Dean Krisha Marcano's vision for a connected Theater Division, and the fund making it possible June 24, 2026 Photo by Eric Antoniou The Or...

24/06/2026

Announcing STAGES Magazine 2026

Announcing STAGES Magazine 2026 Marking a decade since Boston Conservatory and Berklee College of Music joined forces, this issue spotlights some of the groun...

24/06/2026

Rede Legislativa Chooses Appear to Support Brazil TV Ver...

In Brazil's TV 3.0 Trials, Appear's X5 is transporting live signals from Bras lia to S o Paulo over the public internet using secure, reliable next-gene...

24/06/2026

Mediaproxy partners with HVS for US broadcast market

Melbourne, Australia - 24 June 2026: Mediaproxy, the global standard for software-based IP compliance monitoring and multiviewing solutions, has named Heartland...

24/06/2026

Gray Media Launches Political 360 Digital Advertising Solution

Share Copy link Facebook X Linkedin Bluesky Email...

24/06/2026

Walmart to Pay $1.4 Billion to Acquire Ad Tech Firm Vibe.co

Share Copy link Facebook X Linkedin Bluesky Email...

24/06/2026

FCC Flooded with Nearly 28K Comments on 'The View'

Share Copy link Facebook X Linkedin Bluesky Email...

24/06/2026

First Rush Brings SDI Multicam ProRes Recording to Apple Silicon Macs

First Rush Brings SDI Multicam ProRes Recording to Apple Silicon Macs Brie Clayton June 23, 2026 0 Comments First Rush is a native macOS application d...

24/06/2026

Vertical Drama Beneath Crimson Sails Created with Blackmagic Design

Vertical Drama Beneath Crimson Sails Created with Blackmagic Design Brie Clayton June 23, 2026 0 Comments Thunder Child Productions relies on cameras&...

24/06/2026

Seven paradoxes shaping the next era of media production - Episode 1

Why Dynamic Media Facilities Matter In this series, we explore the technologies, architectures and operational realities shaping modern media operations. Along ...

23/06/2026

Case Study: YES Networks IP Transition Expands Production Possibilities and Redefines Workflows

When we began planning our transition from an SDI-based infrastructure to a new ...

23/06/2026

Imagine Communications Appoints Greg Garmon as SVP, Americas Video Sales

Imagine Communications has announced the appointment of Greg Garmon as Senior Vice President, Americas Video Sales. Garmon will oversee account growth and busin...

23/06/2026

Snap Promotes Emma Wakely to Head of Sports and Media Partnerships, Americas

Snap has promoted Emma Wakely to Head of Sports and Media Partnerships, Americas, succeeding Anmol Malhotra, who has been elevated to Global Head of Content and...

23/06/2026

YES Network and Gotham Sports App to Air MI New York Major League Cricket Matches

YES Network and The Gotham Sports App will air MI New York's Major League Cr...

23/06/2026

HAND Issues Persistent Digital IDs to 2026 NBA Draft Class

The Universal Talent Identifier (HAND) has issued HAND IDs to 34 top projected prospects in the 2026 NBA Draft class, including AJ Dybantsa, Cameron Boozer, and...

23/06/2026

World Boxing Launches World Boxing TV Streaming Platform

World Boxing has announced the launch of World Boxing TV, a subscription-based streaming platform built on the Joymo platform, offering live events, on-demand c...

23/06/2026

FloRacing to Stream 32 Off-Road Motorcycle Racing Events Including AMA Amateur National Motocross Championship

FloSports will stream 32 off-road motorcycle racing events on FloRacing, includi...

23/06/2026

SES Adds 14 Regional Channels and New Set-Top Boxes to ASTRA TV in Spain

SES has announced the expansion of its ASTRA TV platform in Spain with the addition of 14 regional channels in HD and UHD quality and the launch of new hybrid s...

23/06/2026

Appear Supports Rede Legislativas Contribution Workflow for Brazils TV 3.0 Trials

Appear ASA has announced its role in Rede Legislativa de R dio e TV's contri...

23/06/2026

PBS Selects LTN for Nationwide IP Video Network Across 330 Member Stations

LTN has announced that PBS has selected it as its IP video partner to modernize content distribution and contribution across more than 330 public television sta...

23/06/2026

Ease Live Powers Interactive Experience on Rally.TV for WRC

Ease Live has announced that its graphics overlay platform is powering an interactive fan experience on Rally.TV, the official streaming platform of the FIA Wor...

23/06/2026

Chyron LIVE Adds Haivision StreamHub Integration, SCTE-35 Ad Insertion, and Switcher Updates

Chyron has announced updates to Chyron LIVE, its cloud-native live production pl...

23/06/2026

ESPN Announces ESPN Fan House, Fan Engagement Hub Powered by Flowcode

ESPN has announced ESPN Fan House, a fan engagement hub powered by Flowcode, launching in August ahead of the 2026 college football season. Publicis Sports will...

23/06/2026

Sennheiser Relocates Americas Regional Hub to Nashville

The city's solid position in broadcast, entertainment, and sports attracted the major microphone manufacturer Sennheiser Group is moving its Americas Regio...

23/06/2026

IAB Tech Lab Releases SupplyChain v1.1

Share Copy link Facebook X Linkedin Bluesky Email...

23/06/2026

Besco to Represent PlayBox Neo in South Korea

PlayBox Neo appoints Besco as Channel Reseller to establish a firm foothold in Asia Pacific's thriving high-tech export-driven economic boom PlayBox Neo, t...

23/06/2026

PBS Selects LTN to Power Nationwide IP Video Network

Share Copy link Facebook X Linkedin Bluesky Email...

23/06/2026

PBS selects LTN for nationwide IP video network

LTN, a global leader in IP-based video transport and network services, today announced that PBS has selected LTN as its IP video partner to modernize and future...

23/06/2026

The LiveU Q Era Arrives in ANZ with the LU900Q at ABE2026

LiveU will introduce its Q Era to Australia and New Zealand for the first time at ABE2026 on Stand No. 25, (July 30 31). Leading the showcase is the LU900Q, a n...

23/06/2026

Miri Technologies Ships V410 Live 4K Video Encoder-Decode...

Miri Technologies Inc. has begun shipping its highly anticipated V410 live 4K video encoder/decoder for streaming, IP-based production workflows and AV-over-IP ...

23/06/2026

DHD SX2 and TX2 Consoles Go On-Air at Radio Tzafon

DHD audio reports the completion of an upgrade to the audio production facilities at the Galilee headquarters of Radio Tzafon. The station broadcasts two progra...

23/06/2026

Nagravision Launches Nagra Venturi Security Offering

Share Copy link Facebook X Linkedin Bluesky Email...

23/06/2026

ITN Expands Programmatic Local TV Platform

Share Copy link Facebook X Linkedin Bluesky Email...

23/06/2026

Warner Bros. Discovery Taps AWS for New AI-Powered Ad Tech

Share Copy link Facebook X Linkedin Bluesky Email...

23/06/2026

Study: Younger Viewers More Distracted But More Receptive to Ads

Share Copy link Facebook X Linkedin Bluesky Email...

23/06/2026

Chilevisin, ClaroVTR Tap Pixop for 4K FIFA World Cup Feed

Share Copy link Facebook X Linkedin Bluesky Email...

23/06/2026

Imagine Communications Names Greg Garmon as Senior Vice P...

Multifaceted Growth Executive Brings 20+ Years of Experience Leading Organizations Across Tech and M&E Imagine Communications today announced the appointment ...

23/06/2026

Visual Productions Unveils RdmRelay2 Four-channel Relay Control at InfoComm 2026

Visual Productions Unveils RdmRelay2 Four-channel Relay Control at InfoComm 2026 Brie Clayton June 22, 2026 0 Comments New Relay Solution Combines DMX, ...

23/06/2026

SMPTE Makes Its Standards Freely Accessible, Opening Standards Library to the Global Media Technology Community

SMPTE Makes Its Standards Freely Accessible, Opening Standards Library to the Gl...

23/06/2026

The AI Shift Feels Familiar. What We Do Next Matters.

Many of the challenges organizations face with AI today will feel familiar to anyone who lived through the early years of cloud computing, writes Stephanie Sanc...

23/06/2026

NVIDIA and AWS Collaborate to Bring AI to Production at Scale

Building AI systems at scale is demanding, requiring low-latency inference, fast vector search, strong GPU price-performance and infrastructure that can grow wi...

23/06/2026

NVIDIA Powers Over 400 of the World's 500 Fastest Supercomputers

News Highlights: NVIDIA technology runs 81% of the TOP500 and 90% of the systems new to the list. 26 systems on the TOP500 adopted the NVIDIA Grace CPU, up ei...