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

04/09/2026

IBC 2026: Eluvio Showcases Global Broadcast Fabric Updates

Eluvio will demonstrate updates to its Content Fabric platform at IBC2026 (Hall 8, Stand 8.MS5, and Future Tech Zone, Hall 14, Stand 14.A58, September 11-14). C...

04/09/2026

IBC 2026: LiveU Joins IBC Accelerator Smart Stories Consortium

LiveU has joined the IBC Accelerator's Smart Stories consortium, a multi-vendor initiative developing an open standard for Story Context interoperability in...

04/09/2026

IBC 2026: Telos Alliance to Demonstrate Audio Observability Capabilities

Telos Alliance will demonstrate new audio observability capabilities at IBC2026 (Stand 8.D37, RAI Amsterdam, September 11-14), covering monitoring of audio heal...

04/09/2026

World Team Tennis Announces Broadcast Partnership with Versants USA Sports

World Team Tennis (WTT) has announced a broadcast partnership with USA Sports, the sports division of Versant. USA Sports will air all six of WTT's live mat...

04/09/2026

Gravity Media Appoints Alex Pannell as Chief Business Officer

Gravity Media has appointed Alex Pannell as Chief Business Officer. Pannell joins from Appear, where he served as Chief Commercial Officer. He will be based in ...

04/09/2026

IBC 2026: Dalet Expands Dalia AI Platform with Agentic Workflow Capabilities

Dalet has announced new agentic workflow capabilities for Dalia, its AI platform for media organizations, ahead of IBC2026. The updates extend Dalia from an AI ...

04/09/2026

IBC 2026: L-Acoustics Achieves EN 54 Certification Across Loudspeaker and Amplifier Portfolio

L-Acoustics has achieved EN 54 certification across a portfolio of loudspeakers,...

04/09/2026

IBC 2026: EVS and Matrox Video Announce Technology Partnership for Dynamic Media Facility Deployments

EVS and Matrox Video have announced a technology partnership integrating Matrox ...

04/09/2026

IBC 2026: NEP to Showcase Software-Defined Live Production

NEP Group will exhibit at IBC2026 (Hall 7, Stand 7.B55, RAI Amsterdam, September 11-14), demonstrating software-defined production capabilities across NEP Platf...

04/09/2026

FoMaSystems and ARRI Honored with Engineering Emmy for ARRI TRINITY 2

The Television Academy has awarded an Engineering Emmy to Dr. Roman Foltyn, Chief Engineer of FoMaSystems, and Curt O. Schaller for the development of the ARRI ...

04/09/2026

IBC 2026: InSync Technology to Showcase Frame Rate and Standards Conversion

InSync Technology will exhibit at IBC2026 (Stand 1.A55, RAI Amsterdam, September 11-14), demonstrating its FrameFormer and NOVA conversion platforms for frame r...

04/09/2026

Professional Triathletes Organization Signs Agreement with Sela to Host Events in Saudi Arabia

The Professional Triathletes Organisation (PTO) has signed a multi-year agreemen...

04/09/2026

IBC 2026: Accedo and MediaKind Launch Joint Streaming Solution for Operators

Accedo and MediaKind have announced a white-label, end-to-end streaming solution for operators, combining Accedo's native application framework and cloud-ba...

04/09/2026

IBC 2026: TAG Video Systems Launches TAG Blue Cloud Monitoring Platform

TAG Video Systems has announced TAG Blue, a cloud platform for shared monitoring visibility across video delivery chains, with AI-powered root-cause analysis. T...

04/09/2026

IBC 2026: TwelveLabs Launches Video Compliance Platform with NVIDIA Deepfake Detection

TwelveLabs has launched a video compliance platform for media organizations, inc...

04/09/2026

Television Academy and NATAS Announce 2026 Engineering, Science & Technology Emmy Award Recipients

The Television Academy and the National Academy of Television Arts & Sciences ha...

04/09/2026

Net Insight to Launch Nimbra 1020G at 2026 IBC Show

Share Copy link Facebook X Linkedin Bluesky Email...

04/09/2026

Disney, Optimum Renew Carriage Deal

Share Copy link Facebook X Linkedin Bluesky Email...

04/09/2026

ACEMAGIC First to Introduce Ryzen AI Max+ PRO 495 AI Mini Workstation at IFA 2026

ACEMAGIC First to Introduce Ryzen AI Max PRO 495 AI Mini Workstation at IFA 202...

04/09/2026

Krotos Brings Video to Sound Footsteps Directly into Premiere Pro and DaVinci Resolve

Krotos Brings Video to Sound Footsteps Directly into Premiere Pro and DaVinci Re...

04/09/2026

RED DIGITAL CINEMA Comes Out Swinging at IBC 2026 with Next-Generation Live Broadcast Technology

RED DIGITAL CINEMA Comes Out Swinging at IBC 2026 with Next-Generation Live Broa...

04/09/2026

Orty v2.0-web - the cold-outreach assistant moves to the web

Orty v2.0-web - the cold-outreach assistant moves to the web Brie Clayton September 4, 2026 0 Comments Orty today announced v2.0-web of its AI cold-ou...

04/09/2026

Lightware expands LARA capabilities with new GUDE driver

Lightware is expanding its LARA (Lightware Advanced Room Automation) platform with the GUDE Power Distribution Units (PDU) driver module. GUDE devices can now b...

04/09/2026

People Behind the Technology - How Lightware Invests in W...

Lightware shares the second release in its ESG communications series. Following the first piece, which focused on the companys environmental performance, this r...

04/09/2026

Big Blue Marble delivers record 10 Tbps for European publ...

Big Blue Marble supported a leading European public service broadcaster in delivering the Soccer World Cup 2026 streams, supplying more than 10 Tbps of bandwidt...

04/09/2026

Hitomi MatchBox Glass is honoured with Emmy Award

Outstanding achievement in engineering, science and technology Hitomi Broadcast has been recognised with an Engineering, Science & Technology Emmy from the Ac...

04/09/2026

California, Hollywood at a Crossroads

California, Hollywood at a Crossroads Andy Marken September 3, 2026 0 Comments I'm doing everything alone. Crossing roads alone. Seeing the Eiffe...

04/09/2026

Berklee Announces Winners of 2026 SongwritersdB Songwriting Contest

Berklee Announces Winners of 2026 SongwritersdB Songwriting Contest Students Luca Alexandru, Annika Wild, and Johanna James received the top prizes for origin...

04/09/2026

EVS, Matrox Partner on EBUs Dynamic Media Facility Initiative

Share Copy link Facebook X Linkedin Bluesky Email...

04/09/2026

TAG Video Systems Unveils TAG Blue

Share Copy link Facebook X Linkedin Bluesky Email...

04/09/2026

Orlando Magic and Gray Media Ink Full Season Broadcast Deal

Share Copy link Facebook X Linkedin Bluesky Email...

03/09/2026

Creative Technology Group Announces Leadership Transition Effective January 2027

NEP Group has announced leadership changes at Creative Technology Group. Founder and CEO Graham Andrews will step away from day-to-day leadership at the end of ...

03/09/2026

NFL and TikTok Renew Multi-Year Partnership

The NFL and TikTok have announced a multi-year partnership renewal expanding the league's presence on the platform. NFL posts on TikTok increased more than ...

03/09/2026

Grass Valley Appoints Ronny Van Geel as Vice President, Cameras

Grass Valley has appointed Ronny Van Geel as Vice President, Cameras. Van Geel began his career in 1999 at Philips DVS and moved into product management in 2005...

03/09/2026

IBC 2026: Telestream to Preview Vantage Super Resolution

Telestream has announced Vantage Super Resolution, an AI-powered upscaling capability for the Vantage media workflow platform, developed in collaboration with N...

03/09/2026

IBC 2026: Solid State Logic TCA Tour

Solid State Logic (SSL) will debut the TCA Tour at IBC2026 (Hall 8, Stand 8.B45), a portable production system built from System T components in a desktop frame...

03/09/2026

IBC 2026: DPA Microphones Launches 6388 CORE+ Headset Microphone

DPA Microphones has announced the 6388 CORE Headset Microphone, making its debut at IBC2026 (Hall 8, Stand D60). The supercardioid headset features a physicall...

03/09/2026

IBC 2026: Qvest to Demonstrate Multi-Vendor Dynamic Media Facility Showcase

Qvest will present a multi-vendor Dynamic Media Facility (DMF) showcase at IBC2026 (Booth 10.C24), demonstrating how the EBU's DMF architecture can be imple...

03/09/2026

IBC 2026: Imagine Communications Debuts Magellan PanelFlex

Imagine Communications will showcase the Magellan PanelFlex control surface and other control portfolio updates at IBC2026 (Stand 1.B73, RAI Amsterdam, Septembe...

03/09/2026

IBC 2026: Bridge Technologies Launches Software-Based VB440 Deployment Option

Bridge Technologies will announce at IBC2026 (Booth 1.A71) that its VB440 production probe is now available as a software-based solution, deployable on commerci...

03/09/2026

Audio-Technica Launches BP350ST Mid-Side Stereo Microphone in Two Variants

Audio-Technica has unveiled the BP350ST MS (mid-side) microphone in two versions: the camera-mount BP350ST-UL and the boundary or gooseneck-mountable BP350ST-UB...

03/09/2026

IBC 2026: Jnger Audio flexAI Adds CastCompanion, 12G-SDI, NDI, and TVU MediaMesh Integration

Telos Alliance will introduce updates to the J nger Audio flexAI audio processin...

03/09/2026

DUNKMAN to Expand in 2027 with Team Competitions, Junior Division, and Global Qualifiers

DUNKMAN, the professional dunk league founded by Shaquille O'Neal in partner...

03/09/2026

Orlando Magic Tap DAZN as DTC Streaming Partner, Will Join OTA Distribution Plans for 2026-27 Season

Orlando's WRDQ TV 27, WFTV Channel 9 previously named over-the-air broadcast...

03/09/2026

EverPass Media Expands NFL Agreement with Netflix for Commercial Venues

EverPass Media has announced a multi-year commercial distribution agreement with Netflix, expanding on an existing partnership that has delivered NFL Christmas ...

03/09/2026

Yahoo Sports and Apple TV Partner on MLB and MLS Alternate Broadcasts

Yahoo Sports and Apple TV have announced a partnership to deliver alternate broadcasts of select Friday Night Baseball and MLS games on the Yahoo Sports website...

03/09/2026

BIG EAST's Scott Hecht on the Evolution of Campus Production and What Comes Next

With another academic year underway, college athletic departments across the cou...

03/09/2026

ESPN Debuts Revamped, Cutting-Edge Studio W in Bristol as New Home to NFL Live, College Football, and More

Facility becomes permanent home of NFL Live on Sept. 9; centerpiece studio for c...

03/09/2026

NAB Backs Most Proposed EAS Changes at FCC

Share Copy link Facebook X Linkedin Bluesky Email...

03/09/2026

TiVo Expands FAST Channels, AI Discovery with Latest OS Update

Share Copy link Facebook X Linkedin Bluesky Email...