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

18/04/2026

MediaKind Showcases Multiview Deployments at 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

18/04/2026

Clear-Com Unveils FreeSpeak Cell- A Breakthrough Cellular...

Clear-Com announced FreeSpeak Cell , a cellular-based wireless intercom system that uses LTE and 5G infrastructure to support large-scale production communicat...

18/04/2026

ATSC Offers Free ATSC 3.0 Guide to 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

18/04/2026

Telos Alliance Introduces Four New Products at the 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

18/04/2026

AEQ to Showcase Forum IP Plus and Systel Max at 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

18/04/2026

Nexstar to Appeal Preliminary Injunction Blocking Tegna Deal

Share Copy link Facebook X Linkedin Bluesky Email...

18/04/2026

TAG Video Systems Brings Realtime Monitoring to AWS Eleme...

New York, NY, April 17, 2026 -- TAG Video Systems has announced an integration with Amazon Web Services (AWS) Elemental MediaConnect Router. The integration bri...

18/04/2026

Pro Sound Effects Launches the First and Only Native Soun...

Pro Sound Effects (PSE), the leading provider of professionally recorded sound effects for film, television, advertising, and technology today announced the lau...

18/04/2026

Fincons Group Achieves AWS Media and Entertainment Compet...

Fincons Group, a multinational IT business consulting and system integrator firm, announced today that it has achieved Amazon Web Services (AWS) Media & Enterta...

18/04/2026

Adobe extends leadership in video: unleashing new AI-powered creation in Firefly, reinventing color for editors in Premiere

Adobe extends leadership in video: unleashing new AI-powered creation in Firefly...

17/04/2026

World Fencing League Announces DAZN as Global Streaming Partner Ahead of April 25 Debut

The World Fencing League (WFL) has announced DAZN as its primary global streamin...

17/04/2026

NAB 2026: ARRI Releases ALEXA 35 SUP 6.0 and LPS-1 SUP 1.3 Software Updates

ARRI Releases ALEXA 35 SUP 6.0 and LPS-1 SUP 1.3 Software Updates ARRI has announced software updates for its ALEXA 35 Live camera and Live Production System L...

17/04/2026

NAB 2026: Sennheiser Announces Spectera Studio System Planner for Spectera Wireless Ecosystem

Sennheiser has announced Spectera Studio, an offline system planner for its Spec...

17/04/2026

Deltatre and DFB Announce DFB.TV+ Streaming Service, Launching May 22

Deltatre and the German Football Association (DFB) have announced DFB.TV+, a DFB-owned direct-to-consumer streaming service developed and operated by Deltatre. ...

17/04/2026

IMG announces senior leadership roles for next phase of growth

Global sports marketing agency IMG has announced new senior leadership roles, designed to strengthen how it supports rightsholders and partners in the midst of ...

17/04/2026

NAB 2026: NAGRAVISION and Harmonic Launch Watermarking-as-a-Service for Live Event Streaming

NAGRAVISION and Harmonic have announced a watermarking-as-a-service solution for...

17/04/2026

NAB 2026: NETGEAR and EVS Announce Technology Partnership for AV-over-IP Live Production

NETGEAR and EVS Broadcast Equipment have announced a global technology partnersh...

17/04/2026

NAB 2026: Americas Broadcasters Launch NEXTGEN TV Converter Box Program

America's broadcasters are launching the NEXTGEN TV Converter Box Program, a new initiative designed to provide millions of American viewers with a low-cost...

17/04/2026

NAB 2026: Quantum to Showcase Tape-Anchored Storage Workflows, Responds to Industry Supply Chain and Power Disruption

Quantum Corp. will exhibit at NAB Show 2026 (Booth N1726), presenting what it ca...

17/04/2026

SVG Marks 20th Anniversary with Plan to Set Course for the Future

Leadership and Staff Announce '20/20 Vision' Playbook...

17/04/2026

TNT Sports Acquires U.S. Broadcast Rights to FIA World Endurance Championship

TNT Sports has announced a multi-year agreement for U.S. media rights to the FIA World Endurance Championship (WEC). Three events will air on truTV - the 24 Hou...

17/04/2026

Scripps Sports and PBR Announce Multi-Year Broadcast Partnership for Premier Womens Rodeo

Scripps Sports has announced a multi-year broadcast partnership with PBR (Profes...

17/04/2026

NAB 2026: Adder Technology Releases AIM 6 IP KVM Matrix Management Software

Adder Technology, a specialist in connectivity solutions and high performance IP KVM, today announced the latest release of AIM, its IP KVM matrix management so...

17/04/2026

Victory+ and Dallas Cowboys Announce Multi-Year Content Streaming Partnership

Victory , a free sports streaming platform from A Parent Media Co. Inc. (APMC), has announced a multi-year content distribution partnership with the Dallas Cowb...

17/04/2026

SVG GameDay, Ep. 11: Philadelphia Phillies Arianna Krizek - Baseball at the Bank

In-venue and creative video staffers at the professional and collegiate level have one major thing in common: the intensity and attention to detail ramps up dur...

17/04/2026

Quickplay Deploys Gray Medias New Streaming Platform - Powered by Google Cloud AI - Across 113 Markets

Quickplay has announced the full-scale deployment of Gray Media's streaming ...

17/04/2026

NAB 2026: Clear-Com's New FreeSpeak Cell Addresses Spectrum Congestion

Clear-Com has introduced the FreeSpeak Cell cellular-based wireless intercom system that uses LTE and 5G infrastructure to support large-scale production commun...

17/04/2026

2026 NAB Show Opens Tomorrow, Bringing Industry Together in Vegas

The 2026 NAB Show kicks off Saturday, April 18, with the show floor and exhibits opening April 19-22 at the Las Vegas Convention Center. The show features more ...

17/04/2026

Ratings Roundup: CBS Tees Up Best Masters Since 2015; NBA Sees Big Regular Season Increases

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

17/04/2026

Maintaining America's Undersea Edge: L3Harris Secures Towed Array Production Through 2029

L3Harris towed array systems provide U.S. Navy submarines with extended acoustic...

17/04/2026

Microsoft Previews 2026 NAB Show Trends, Plans

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

2026 NAB Show Exhibitor Insight: LTN

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

Vizrt To Feature Newly Introduced AI Keyer At 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

Cobalt Digital and SineSix Media Partner to Transform Acc...

Cobalt Digital and SineSix Media Partner to Transform Accessibility Compliance into a More Engaging Viewer Experience at NAB Show 2026 Collaboration integrates...

17/04/2026

Appear appoints Mike Burk as Vice President of Business D...

Strengthening Appear's North America team with a new Vice President of Business Development Appear ASA (Appear, OSE: APR), a global leader in live producti...

17/04/2026

Wowza Launches Video Intelligence Framework to Turn Live...

New framework helps broadcasters, streaming platforms, and sports organizations apply AI to live video for monetization, metadata, highlights, and downstream wo...

17/04/2026

VisualOn and Cires21 Release Joint Research at NAB 2026 S...

New whitepaper gives broadcasters and OTT operators independent, codec-by-codec evidence that the VisualOn Optimizer transforms viewer quality of experience. V...

17/04/2026

Blackmagic Design Announces New Blackmagic URSA Cine Immersive 100G

Blackmagic Design Announces New Blackmagic URSA Cine Immersive 100G Brie Clayton April 17, 2026 0 Comments World's first immersive cinema camera f...

17/04/2026

NAB 2026: Vubiquity and Eluvio Showcase Streaming Solution that Significantly Reduces Distribution Costs and Time to Market

NAB 2026: Vubiquity and Eluvio Showcase Streaming Solution that Significantly Re...

17/04/2026

What Makes a Good Marathon Running Playlist?

What Makes a Good Marathon Running Playlist? We asked Xander Dawson, an eighth-semester saxophone major at Boston Conservatory running the Boston Marathon thi...

17/04/2026

Wowza Launches Video Intelligence Framework

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

PTZOptics and Moondream to Demo Visual Reasoning for Live...

At NAB Show 2026, PTZOptics (Booth N1902) will showcase a live sports streaming demo created in collaboration with Moondream, offering a new look at how Visual ...

17/04/2026

Eindhoven University of Technology relies on Lightware T...

The Eindhoven University of Technology is a research university in the Netherlands spanning 25 buildings, specialising in engineering, science and technology. D...

17/04/2026

Documentary Editor - US, Remote

Documentary Editor - US, Remote Brie Clayton April 17, 2026 0 Comments Documentary Editor April 13, 2026Freelance Video Cameraman - Los......

17/04/2026

Blackmagic Design Announces New Blackmagic URSA Cine 12K LF 100G

Blackmagic Design Announces New Blackmagic URSA Cine 12K LF 100G Brie Clayton April 17, 2026 0 Comments Revolutionary digital film camera brings cinem...

17/04/2026

IAB: Digital Ad Revenue Hit Nearly $300 Billion in 2025

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

PSSI Global Acquires Beagle Networks

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

FCC Commissioner Gomez to Speak at LPTV Day at 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

swXtch.io Introduces the swXtch AI Router for Live Media Workflows

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

Bittree Returns to NAB Show with Diverse Patching Solutions

Share Copy link Facebook X Linkedin Bluesky Email...