
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
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
29/10/2026
Jameis Winston and Willie Colon are among current and former players hosting pro...
29/10/2026
After arriving in Fayetteville with dreams of calling games, the Arkansas native found her passion in the control room, building a promising future in replay an...
29/10/2026
The National Hockey League is taking on a larger role in local game production w...
29/10/2026
Media Links has appointed Mikhail Zavalin Market Development Technical Specialis...
29/10/2026
Gravity Media delivered the live broadcast and media infrastructure for the 2026...
29/10/2026
Rise AV has announced the 23 women selected for the second year of its Elevate program, a six-week management and leadership development course. The cohort incl...
29/10/2026
The F d ration Internationale de l'Automobile (FIA) and Amazon Web Services (AWS) have announced a global partnership under which AWS becomes the Official A...
29/10/2026
Advanced Systems Group (ASG) has appointed Bob Daniel Storage and Workflow Solutions Architect within its Enterprise Storage team. Daniel has more than 30 years...
29/10/2026
FloSports and the Pac-12 Conference have entered a media partnership that will b...
29/10/2026
TSN will launch Film Never Lies Grey Cup Playoffs Watchalong, an altcast hosted by TSN football analyst Luke Willson, for two CFL Grey Cup Playoffs games. Wills...
29/10/2026
For decades, broadcasters have designed production around one rule: build for th...
29/10/2026
Live event production company FOH Productions has built a portable camera switch...
29/10/2026
Gravity Media is marking its 25th year facilitating the host broadcast for the M...
29/10/2026
In-venue and creative video staffers at the professional and collegiate level ha...
29/10/2026
LA28 has named film producer Kathleen Kennedy Head of Ceremonies and Content for the LA28 Olympic and Paralympic Games. Kennedy, an eight-time Academy Award nom...
29/10/2026
In-house local telecasts have added new camera angles, graphics package, and dee...
29/10/2026
In this SVG New Sponsor Spotlight, Jake Blount, EVP, Sales, ICAT Logistics, disc...
29/10/2026
Mastering plug-in treated to ground-up rebuild
With a few plug-in releases now under their belt, Musik Hack have revisited their debut offering and kitted i...
29/10/2026
New modular full-range monitoring system arrives
Following a few weeks of teasers, HEDD Audio have just revealed the latest addition to their high-end monit...
29/10/2026
SGL Carbon LLC ( SGL Carbon ) has received an additional order for the supply of nuclear graphite from X-energy Reactor Company, LLC ( X-energy ) in accordance ...
29/10/2026
Rohde & Schwarz introduces MXO AI Connect for AI-assisted oscilloscope workflows Rohde & Schwarz connects AI assistants to its MXO oscilloscopes through MXO A...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
When LinkedIn set out to upgrade meeting spaces across nine APAC cities, the goal was clear: employees needed to walk into rooms in Bangalore, Beijing, Hong Kon...
29/10/2026
Lightware has expanded its LARA (Lightware Advanced Room Automation) Wizard platform with a new Elgato Stream Deck integration, allowing supported Stream Deck d...
29/10/2026
Boston Conservatory Center Stage Presents Opera Masterpiece La Boh me The Conservatory's production of the timeless opera will conclude the fall Center St...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
NewMedia Creative Technology Studio combined a large LED character, directional voice capture and remotely hosted AI processing for AI HOST, its interactive ins...
29/10/2026
The Royal Television Society Technology Centre (RTS) presented its 2026 Special Recognition Award to Newsmax, Newsmax Ukraine, Broadcast Solutions and nxteditio...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/10/2026
amaran, pioneer of lighting tools for creators, today announced the amaran Cam, its first webcam designed to go beyond simply capturing an image to help creator...
29/10/2026
The Sky Original returns to screens on November 26Thursday 29 October 2026
Ella Purnell is back in the killer new trailer for Sweetpea Season 2Turn on cookies ...
29/10/2026
In our increasingly climate conscious world, many cities are embracing nature, with more tree cover and open spaces such as parks, and restored wetlands, ponds,...
29/10/2026
Red Seat Ventures Announces Exclusive Partnership with Homecoming Golf Partnership Includes Homecoming Golf's New Drink Cart Scramble Series Featuring Hig...
29/10/2026
Oct. 29, 2026 - US-based Alliance for Audited Media (AAM) and the UK's ABC,...
29/10/2026
This Halloween week, GFN Thursday is delivering a fresh batch of gaming treats.
Something wicked this blade comes. S-GAME's Phantom Blade Zero launches on ...
28/10/2026
SDI Failsafe IP Routing: Inside the UTAH-400 Series 2 Router A pure-IP routing core has no inherent fallback. When the ST 2110 network degrades, when the PTP gr...
28/10/2026
MLB Network is nearly all-day media day coverage across MLB Now, MLB Central, ML...
28/10/2026
Voyage Audio and Shure microphones are in the forefront of the sector's transition to digital
Microphones may have come late to the digital table, but they...
28/10/2026
Having long resisted the transition, broadcast audio's most fundamental element is finally entering the digital era
About 25 years ago, a microphone manufa...
28/10/2026
The Wireless Microphone Spectrum Alliance (WMSA), formed in 2025 to raise awareness with government entities about wireless microphone operations, has held meet...
28/10/2026
The manufacturer's brands span a variety of markets, with a focus on radio, streaming, intercom
Telos Alliance was at last month's IBC in Amsterdam onc...
28/10/2026
Companies presented latest offerings and explored opportunities in sports broadc...