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

05/05/2026

Gray Media Closes Purchase of 10 Allen Media Group Stations

Share Copy link Facebook X Linkedin Bluesky Email...

05/05/2026

Dang Ly Joins Operative as Chief Product Officer

Share Copy link Facebook X Linkedin Bluesky Email...

05/05/2026

CIMM, TVB Release Local TV Currency Measurement Guidelines

Share Copy link Facebook X Linkedin Bluesky Email...

05/05/2026

ARRI Introduces Omnibar LED Linear Fixture

Share Copy link Facebook X Linkedin Bluesky Email...

05/05/2026

France Televisions Continues ST 2110 Migration With Imagi...

Project Marks First Major Broadcast Deployment of Latest Addition to SNP Lineup Imagine Communications today announced that France T l visions is the first br...

05/05/2026

Shotoku Broadcast Systems Wins 2026 NAB Show Product of t...

Shotoku Broadcast Systems Wins 2026 NAB Show Product of the Year Award Shotoku Broadcast Systems announced today that its Swoop range of robotic cranes has be...

05/05/2026

DigitalGlues creativespace Intelligence Wins Futures Best...

DigitalGlue's creative.space Intelligence Wins Future's Best of Show Award, Presented by TV Tech creative.space Intelligence (CSI), part of the creativ...

05/05/2026

Zixi Showcases Next-Generation Live Video Workflows and M...

Zixi, a leader in live video delivery and workflow orchestration, will showcase next-generation broadcast workflows at the Media Production and Technology Show ...

05/05/2026

Stingr marks its launch with a new approach to second-screen interactivity

Stingr marks its launch with a new approach to second-screen interactivity Brie Clayton May 5, 2026 0 Comments Huge leap forward in revenues and engag...

05/05/2026

Shotoku Broadcast Systems Wins 2026 NAB Show Product of the Year Award

Shotoku Broadcast Systems Wins 2026 NAB Show Product of the Year Award Brie Clayton May 5, 2026 0 Comments Shotoku Broadcast Systems announced today tha...

05/05/2026

DHD to Promote Latest Advances in Audio Production at MPT...

Following a successful NAB Show in Las Vegas, DHD will promote examples from its wide range of broadcast-quality audio production equipment at the May 13th-14th...

05/05/2026

LucidLink Redefines Cloud Media Workflows at MPTS 2026

LucidLink today announced its programme for MPTS 2026, where it will exhibit at Stand M59 at Olympia London, 13 to 14 May. The company will showcase its latest ...

05/05/2026

Limecraft Announces Version 2026-3 of its Cloud-Based Tel...

Limecraft today announces the release of Limecraft 2026.3, the third platform update in its 2026 release cycle. Limecraft is an AI-powered production platform t...

05/05/2026

Stingr marks its launch with a new approach to second-scr...

Huge leap forward in revenues and engagement...

05/05/2026

Broadcast Solutions strengthens CTO Office for technical...

Broadcast Solutions, a leading system integrator and provider of innovative solutions for the broadcast media industry, has taken another significant step in st...

05/05/2026

Operative Appoints Dang Ly as Chief Product Officer to Ac...

Operative today announced the appointment of Dang Ly as Chief Product Officer, signaling the company's accelerating commitment to delivering the next genera...

05/05/2026

World Skills Cafe Returns to IBC2026

The Media Talent Manifesto (MTM) today announces the return of the World Skills Caf at IBC2026, positioning the event as a critical industry forum to confront ...

05/05/2026

ARRI unveils Omnibar: compact, modular, battery-powered IP65 LED bars with precise pixel control

ARRI unveils Omnibar: compact, modular, battery-powered IP65 LED bars with preci...

05/05/2026

NBC Sports' NBA Playoff Viewership Up 58%

Share Copy link Facebook X Linkedin Bluesky Email...

05/05/2026

U.S. Court Upholds Some Patents in LG ATSC 3.0 Infringement Case

Share Copy link Facebook X Linkedin Bluesky Email...

05/05/2026

Gray Media and Allen Media Group Close Station Transactions

Share Copy link Facebook X Linkedin Bluesky Email...

05/05/2026

Digital Domain Welcomes Award-Nominated VFX Supervisor Jelmer Boskma

Digital Domain Welcomes Award-Nominated VFX Supervisor Jelmer Boskma Brie Clayton May 4, 2026 0 Comments Digital Domain, a global leader in visual eff...

04/05/2026

SVG Sit-Down: NEP Americas Mike Werteen on How Great Tech, Better People Drive Success

Hardware is still an emphasis - Supershooter 11 is new, and REMI-based 65 is in ...

04/05/2026

Beyond 90 Minutes: How K League's Soccer Blueprint for Growth Has Lessons for Everyone

Head of International Business Development Min Joo Kim explores the league's...

04/05/2026

Audio-Technica ATND1061 and ATUC Discussion Systems Certified for Crestron Automate VX

Audio-Technica has announced that its ATND1061 ceiling array microphone and ATUC...

04/05/2026

Triple B Media Launches Bowling TV, a 24/7 FAST Channel Dedicated to Bowling

Triple B Media has launched Bowling TV, a free ad-supported television (FAST) channel dedicated to bowling. The channel is available on Prime Video, LG Channels...

04/05/2026

PlayMetrics Acquires SportsEngine from Versant

PlayMetrics, a provider of operations management software for youth sports organizations, has announced the completion of its acquisition of substantially all t...

04/05/2026

IHSE GmbH Appoints Dr. Thomas Niessen as CEO

IHSE GmbH has announced that Dr. Thomas Niessen has joined as CEO and Managing Director, effective May 1, 2026. He joins Frank Breitenfelder, who has served as ...

04/05/2026

PMY Group Deploys Optic Crowd Intelligence Platform at Australian Formula 1 Grand Prix

PMY Group deployed its AI-powered crowd intelligence platform, Optic, at the For...

04/05/2026

Behind The Mic: Stephen A. Smith and Skip Bayless to Reunite for First Take Episode; Donna Brothers Worked Final Kentucky Derby

Behind The Mic provides a roundup of recent news regarding on-air talent, includ...

04/05/2026

SAG-AFTRA, Studios Reach Tentative Agreement

Share Copy link Facebook X Linkedin Bluesky Email...

04/05/2026

Study: Paramount-WBD Deal Signals New Era of Streaming Scale

Share Copy link Facebook X Linkedin Bluesky Email...

04/05/2026

Student Spotlight: Joshua Griffin

Student Spotlight: Joshua Griffin The New Orleans native, who was named the 2026 student commencement speaker for Boston Conservatory at Berklee, talks about ...

03/05/2026

Introducing the new Mistika Workflows Suite: transformative and cost-effective for every user

Introducing the new Mistika Workflows Suite: transformative and cost-effective f...

03/05/2026

Introducing the new Mistake Workflows Suite: transformative and cost-effective for every user

Introducing the new Mistake Workflows Suite: transformative and cost-effective f...

03/05/2026

Filming begins on the third and final season of Breathless

Back to All News Filming begins on the third and final season of Breathless Entertainment 03 May 2026 GlobalSpain Link copied to clipboard Discover the vi...

02/05/2026

Release Rundown: What to Watch in May, From Saccharine to Tuner

(L-R) Dustin Hoffman and Leo Woodall appear in Tuner by Daniel Roher, an official selection of the 2026 Sundance Film Festival. (Photo courtesy of Sundance In...

02/05/2026

FCC Releases Tentative Agenda for May Open Meeting

Share Copy link Facebook X Linkedin Bluesky Email...

02/05/2026

Sinclair Remains Bullish on Station M&A

Share Copy link Facebook X Linkedin Bluesky Email...

02/05/2026

NABLF Announces 2026 Broadcast Leadership Training Award Winners

Share Copy link Facebook X Linkedin Bluesky Email...

02/05/2026

Gravity Media Taps Custom Consoles for Work on Production Center

Share Copy link Facebook X Linkedin Bluesky Email...

02/05/2026

May 01, 2026

Scripps Research immunologist Dennis Burton elected to American Academy of Arts and Sciences A leader in broadly neutralizing antibodies, Burton has helped driv...

01/05/2026

Ratings Roundup: NBA Playoffs Return to NBC Sports up 38%; NFL Draft Down 12% Overall From 2025

Ratings Roundup is a rundown of recent rating news and is derived from press rel...

01/05/2026

BKB Bare Knuckle Boxing Appoints Will Wright as Chief Operating Officer to Drive Global Growth and Operational Excellence

BKB Bare Knuckle Boxing ( BKB ), today announced the appointment of Will Wright ...

01/05/2026

NAB Rewind: Lawo's Andreas Hilmer on the Power of the Edge One AV Stagebox

Lawo has been at the center of the industry's transition to IP and other next-generation technologies. At NAB 2026, its story was the Edge One AV stagebox, ...

01/05/2026

Kentucky Derby 152 to Air Across 19 Networks in 170-Plus Territories

HBA Media, acting on behalf of NBC Sports and Churchill Downs Incorporated, has announced broadcast and streaming distribution for Kentucky Derby 152, taking pl...

01/05/2026

Give Me the Backstory: Get to Know Barbara Kopple, the Director of American Dream

By Bailey Pennick One of the most exciting things about the Sundance Film Festi...

01/05/2026

UPDATED: Republican AGs Join Nexstar-Tegna Antitrust Suit

Share Copy link Facebook X Linkedin Bluesky Email...

01/05/2026

Broadcaster Draper Media Names Bill Vernon President

Share Copy link Facebook X Linkedin Bluesky Email...

01/05/2026

Analysts: 'Hollywood's Vertical Video Strategy Is Dead Wrong'

Share Copy link Facebook X Linkedin Bluesky Email...