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

20/11/2025

MLB Media-Rights Shakeup: NBC's New Three-Year Deal Covers Sunday Night Baseball,' Peacock-Exclusive Games, and More

MLB Media-Rights Shakeup: NBC's New Three-Year Deal Covers Sunday Night Bas...

20/11/2025

MLB Media-Rights Shakeup: New Deal Will Bring 30 National Games to ESPN's Linear Platform, MLB.TV Exclusively to ESPN App

MLB Media-Rights Shakeup: New Deal Will Bring 30 National Games to ESPN's Li...

20/11/2025

MLB Media-Rights Shakeup: Netflix Lands Opening Night, Home Run Derby, Field of Dreams

MLB Media-Rights Shakeup: Netflix Lands Opening Night, Home Run Derby, Field of ...

20/11/2025

MLB Media-Rights Shakeup Overview: ESPN, NBCU, Netflix Ink Three-Year Deals

MLB Media-Rights Shakeup Overview: ESPN, NBCU, Netflix Ink Three-Year DealsESPN gets new 30-game package, MLB.TV; NBC extends Sunday nights; Netflix adds tentpo...

20/11/2025

SVG Students To Watch: Henry Thuss, Indiana University

SVG Students To Watch: Henry Thuss, Indiana UniversityThe Southern California product has his goals set on the front benchBy Brandon Costa, Director of Digital ...

20/11/2025

Done+Dusted's Guy Carrington on Creating the Spectacular League of Legends World Championship Opening Ceremony

Done+Dusted's Guy Carrington on Creating the Spectacular League of Legends W...

20/11/2025

FIA Extreme H World Cup Host Broadcaster Aurora Goes Inside the Production of the Hydrogen-Fuelled Motorsport

FIA Extreme H World Cup Host Broadcaster Aurora Goes Inside the Production of th...

20/11/2025

Platinum White Paper: Amagi Utilizes Cloud Production for Sports Events - Multi-Camera Live Workflow with Remote Commentary and Graphics

Platinum White Paper: Amagi Utilizes Cloud Production for Sports Events - Multi-...

20/11/2025

2025 Sports Broadcasting Hall of Fame: Marc Herklotz, Steady Hand Behind the Scenes

2025 Sports Broadcasting Hall of Fame: Marc Herklotz, Steady Hand Behind the Sce...

20/11/2025

NFL Deep Dive: How 32 Cameras at Each Stadium Drive Virtual Measurement, Boundary Replays, and Skeletal Tracking

NFL Deep Dive: How 32 Cameras at Each Stadium Drive Virtual Measurement, Boundar...

20/11/2025

Zodiac Killer Project Refuses to Kill Its Darlings With an Avant-Garde Essay Film

Charlie Shackleton attends the 2025 Sundance Film Festival premiere of Zodiac K...

20/11/2025

Cracking the Code for Resilient, Secure Space-based Communications

L3Harris has achieved NSA Cybersecurity Directorate certification for its KSV-650 space hub end cryptographic unit, ensuring secure, adaptable communications fo...

20/11/2025

Continued Commitment and Investment in Poland

L3Harris is strengthening its long-term partnership with Poland through the opening of a new facility in Warsaw to serve as a central business hub for regional ...

20/11/2025

Oklahoma Community Television Overcomes ATSC 3.0 Translator Challenge

CINCINNATI Oklahoma Community Television (OCT) has selected GatesAir and Triveni Digital as key technology partners in an ATSC 3.0 deployment that establishes a...

20/11/2025

FCC Launches Wide-Ranging Examination of Network Affiliate Relations

WASHINGTON The Federal Communications Commission has opened a wide-ranging inquiry into the relations between broadcast networks and their affiliates that could...

20/11/2025

IAB: Creator Economy Ad Spend Now Dwarfs Ad Spend for Total Media Industry

NEW YORK Ad spend in the creator economy has more than doubled since 2021 from $13.9B to $29.5B in 2024 and that amount is projected to reach $37 billion in 202...

20/11/2025

Graduate Spotlight: Krysta Mirsik DePuy

Graduate Spotlight: Krysta Mirsik DePuy The educator from Hackettstown, New Jersey, shares how it took her 11 years to find the right graduate program for her...

20/11/2025

Rise Awards 2025 Celebrate the Industry's Best

LONDON The winners of the Rise Awards 2025, which recognize women and companies whose achievements have stood out in the media technology industry, have been an...

20/11/2025

Lionsgate, Debmar-Mercury Launch MovieSphere Gold Diginet

SANTA MONICA & NEW YORK Lionsgate's Worldwide Television Distribution Group and Debmar-Mercury have launched MovieSphere Gold in more than 30 million homes....

20/11/2025

Clear-Com Unveils New 4-Channel HelixNet Beltpack

ALAMEDA, Calif. Clear-Com has introduced its four-channel HelixNet beltpack, a next-generation advancement of its widely used two-channel model, and anticipates...

20/11/2025

Kiswe Core Aims to Simplify Cloud-Based Streaming Distribution

NEW PROVIDENCE, N.J. Streaming technology and services provider Kiswe has launched Kiswe Core, a next-generation cloud-based platform designed to simplify the s...

20/11/2025

Dolby Partners Up With Bay Area Super Bowl Host Committee

MOUNTAIN VIEW, Calif. Dolby Laboratories has signed on as an official signature partner of the Bay Area Host Committee (BAHC) for the 2026 Super Bowl and the we...

20/11/2025

Telus TV+ Expands Distribution to Samsung and LG Smart TVs

STUTTGART, Germany 3 Screen Solutions (3SS) has announced that the Canadian multiservice operator Telus has launched its Telus TV+ entertainment platform on Sam...

20/11/2025

MLB Strikes Rights Deals With ESPN, NBCUniversal, Netflix

Major League Baseball has announced deals with ESPN, NBCUniversal and Netflix covering 2026-2028 that make ESPN the exclusive distributor for MLB.TV, put regula...

20/11/2025

Berklee Presents Holiday Extravaganza: Duke Ellingtons The Nutcracker Suite and GenNext All-Stars' Noel

Berklee Presents Holiday Extravaganza: Duke Ellingtons The Nutcracker Suite and ...

20/11/2025

Netflix Celebrates the Launch of 'Troll 2' With a Spectacular Show in the Sky

Back to All News Netflix Celebrates the Launch of Troll 2 With a Spectacular Sh...

20/11/2025

Into the Omniverse: How Smart City AI Agents Transform Urban Operations

Editor's note: This post is part of Into the Omniverse, a series focused on how developers, 3D practitioners and enterprises can transform their workflows u...

20/11/2025

Ultimate Cloud Gaming Is Everywhere With GeForce NOW

The NVIDIA Blackwell RTX upgrade is nearing the finish line, letting GeForce NOW Ultimate members across the globe experience true next-generation cloud gaming ...

20/11/2025

The Largest Digital Zoo: Biology Model Trained on NVIDIA GPUs Identifies Over a Million Species

Tanya Berger-Wolf's first computational biology project started as a bet wit...

19/11/2025

Sphere Sound Kicks Up Its Heels at Radio City Music Hall

Sphere Sound Kicks Up Its Heels at Radio City Music HallUltra-immersive system from the singular Las Vegas venue is also ready for sportsBy Dan Daley, Audio Edi...

19/11/2025

The Future of Stadium and Arena Video Control Rooms: Tech Leaders Talk 4K, IP, and More

The Future of Stadium and Arena Video Control Rooms: Tech Leaders Talk 4K, IP, a...

19/11/2025

One Year at Intuit Dome: Walking Through the Stunning Arena's Advanced Video Production Layout with the LA Clippers

One Year at Intuit Dome: Walking Through the Stunning Arena's Advanced Video...

19/11/2025

SVG Sit-Down: IMG's Francois Westcombe Goes Inside IMG's Annual Digital Trends Report

SVG Sit-Down: IMG's Francois Westcombe Goes Inside IMG's Annual Digital ...

19/11/2025

Inside Brighton & Hove Albion's Fan-First Media Machine

Inside Brighton & Hove Albion's fan-first media machine By George Bevir Tuesday, November 18, 2025 - 10:10 Print This Story Brighton & Hove Albion'...

19/11/2025

Rock Chalk Rebuild, Part 1: Kansas Athletics Brings New Production Power to Rebuilt David Booth Kansas Memorial Stadium

Rock Chalk Rebuild, Part 1: Kansas Athletics Brings New Production Power to Rebu...

19/11/2025

Rock Chalk Rebuild, Part 2: A Pro's Guide to Kansas Athletics' New Video-Production Infrastructure

Rock Chalk Rebuild, Part 2: A Pro's Guide to Kansas Athletics' New Video...

19/11/2025

MLB Media Rights Shakeup: NBC Inks Three-Year Deal for Sunday Night Baseball, Peacock Exclusive Game, and More

MLB Media Rights Shakeup: NBC Inks Three-Year Deal for Sunday Night Baseball, Pe...

19/11/2025

Sabar Bonda (Cactus Pears) Takes a Tender View on Queer Relationships

Rohan Parashuram Kanawade attends the premiere of Sabar Bonda (Cactus Pears) at the 2025 Sundance Film Festival at Egyptian Theatre on January 26, 2025, in Pa...

19/11/2025

Sundance Institute-Supported Seeds, Apocalypse in the Tropics, Selena y Los Dinos, and More Earn IDA Documentary Awards Nominations

Awards season is heating up, and the International Documentary Association just ...

19/11/2025

L3Harris Breaks Ground on Arkansas Advanced Propulsion Facilities

Aerojet Rocketdyne President Ken Bedingfield and Arkansas Gov. Sarah Huckabee Sanders were joined by state and local officials to celebrate the groundbreaking o...

19/11/2025

L3Harris and PentenAmio Team to Advance Sovereign Cryptographic Capability and Innovation in the UK, Australia and Canada

L3Harris and PentenAmio formalise their teaming agreement at MilCIS 2025, streng...

19/11/2025

The Gauge: Poland | October 2025

October brings a larger audience in front of TV screens. The cooler autumn weather and the continuation of new programming schedules brought increases in both t...

19/11/2025

Nexstar Urges FCC to Waive Ownership Rules, Quickly Approve Tegna Acquisition

IRVING, Texas Nexstar Media Group and Tegna filed applications on Nov. 18 with the Federal Communications Commission (FCC) seeking its consent to transfer broad...

19/11/2025

Vitec Buys Datapath, Expanding Product Portfolio, Engineering, Support

Vitec has acquired Datapath, a developer of real-time video processing for large-scale video walls, AVoIP content distribution and KVM control in mission-critic...

19/11/2025

Telestream Unveils ARGUS V2.3 With Live Look Stream Validation

NEVADA CITY, Calif. Telestream has introduced ARGUS Version 2.3, which introduces Live Look, a feature that lets operators inspect live and on-demand streams vi...

19/11/2025

Charter Taps AWS for Generative AI Solutions

STAMFORD, Conn. and NEW YORK Charter Communications, Inc. has announced a major deal with Amazon Web Services (AWS) that establishes AWS as one of Charters stra...

19/11/2025

Atomos Adds New Camera Control Features to Ninja TX

TOKYO Atomos has announced a major firmware update that brings integrated camera control to the Ninja TX GO and Ninja TX its new CFexpress-based monitor-recor...

19/11/2025

Berklee's Signature Series Reimagines the Musical and Visual Artistry of Coldplay

Berklee's Signature Series Reimagines the Musical and Visual Artistry of Col...

19/11/2025

PlayBox Neo Wraps NAB Show New York 2025 with Big Energy...

PlayBox Neo departed the NAB Show New York 2025 on a high note. The company's all-new PlayBox Neo Suite made a splash on the show floor, drawing strong inte...

19/11/2025

AAVBR Boosts Event Production Efficiency With Pliant Tech...

AAVBR (American Audio Visual Baton Rouge), a leading full-service event production company serving Louisiana and the Gulf Coast region, has enhanced its product...