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

Most recent headlines

05/01/2027

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be demoed at CES 2026

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...

04/08/2026

Dalet Announces Commercial Availability of Dalia, Bringing Media-Aware Agentic AI to Enterprise Productions

Dalet, a leading technology and service provider for media-rich organizations, t...

04/07/2026

Detective Conan: Fallen Angel of the Highway Opens in Dolby Cinemas Across Japan, Presented in Dolby Atmos and Dolby ...

April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...

01/06/2026

Dolby Sets the New Standard for Premium Entertainment at CES 2026

January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026 Throughout the week, Dolby brings to life the latest innovatio...

02/05/2026

Dalet Flex LTS Delivers Smarter Search, Faster Editing, and an AI-Ready Foundation for Modern Media

Dalet, a leading technology and service provider for media-rich organizations, t...

01/05/2026

NBCUniversal's Peacock to Be First Streamer to Integrate Dolby's Full Suite of Premium Picture and Sound Innovations

January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...

16/04/2026

NAB 2026: Appear Announces X5 General Availability, XM Management Tool, and SIx300 Module

Appear ASA (OSE: APR) will announce three additions to its X Platform at NAB Sho...

16/04/2026

CentralCast Deploys Harmonic XOS Media Processor for Public Broadcasting

Harmonic has announced that CentralCast, a centralized master control facility for U.S. public media, has deployed Harmonic's XOS Advanced Media Processor t...

16/04/2026

NAB 2026: Encompass Digital Media Integrates Interra Systems BATON into Cloud-Based Altitude Flow Platform

Interra Systems has announced that Encompass Digital Media has integrated its BA...

16/04/2026

NAB 2026: Grass Valley to Showcase Expanded Media Infrastructure Capabilities

Grass Valley will demonstrate its Media Infrastructure capabilities at NAB Show 2026 (Booth C2408, Central Hall), bringing routing, signal processing, and orche...

16/04/2026

Verizon Readies Robust Network Infrastructure Plans for FIFA World Cup 2026

As preparations ramp up for the FIFA World Cup 2026, Verizon has outlined a sweeping connectivity and infrastructure initiative that will underpin broadcast ope...

16/04/2026

Advanced Image Robotics Joins 2026 MLS Innovation Lab

Advanced Image Robotics (AIR) has announced its selection for the 2026 MLS Innovation Lab. AIR will work with MLS clubs, players, and executives on automated vi...

16/04/2026

NAB 2026: JWX Acquires True Anthem, Adding AI-Powered Social Publishing to Publisher Platform

JWX has announced the acquisition of True Anthem, an AI-powered social publishin...

16/04/2026

Jomboy Media and Fubo Launch 24/7 Creator-Led Channel

Jomboy Media and FuboTV Inc. have launched the Jomboy Media Channel, a 24/7 channel available to FuboTV base plan subscribers. The channel, timed to the start o...

16/04/2026

NAB 2026: Wave Central and EVS Announce SMPTE ST 2110 Interoperability Validation

Wave Central, a Domo Broadcast Company (Booth C2820), and EVS Broadcast Equipmen...

16/04/2026

Tata Communications and Formula 1 Release Race Before the Race, First Film in New Content Series

Tata Communications and Formula 1 have released Race Before the Race, the firs...

16/04/2026

NAB 2026: DPA Microphones N-Series Firmware Update Adds Duplex Gap and Guard Band Access for North American Users

DPA Microphones has released a firmware update for its N-Series Digital Wireless...

16/04/2026

NAB 2026: See Sony's Live Stage Presentations at NAB Show 2026

Sony's Live Stage at NAB Show 2026 is the place to hear directly from the content creators, end users, and technology experts who are pushing boundaries in ...

16/04/2026

Perfect Game and Youth Prospects Announce Broadcast Rights and Content Partnership

Perfect Game and Youth Prospects have announced a partnership covering broadcast...

16/04/2026

National Collegiate Rugby Partners with All Womens Sports Network for 2026 National 7s Championships

National Collegiate Rugby (NCR) has announced a media rights partnership with Al...

16/04/2026

NAB 2026: Audio-Technica Introduces BP350ST-UB and BP350ST-UL Mid-Side Stereo Broadcast Microphones

Audio-Technica has announced two new mid-side (MS) stereo broadcast microphones:...

16/04/2026

NAB 2026: PSSI Global Services Acquires Beagle Networks

PSSI Global Services has announced the acquisition of Beagle Networks, a provider of IT infrastructure and onsite technical support for media and enterprise cus...

16/04/2026

NAB 2026: Blackmagic Design Releases Blackmagic Camera for iOS 3.3

Blackmagic Design has released Blackmagic Camera for iOS 3.3, a free update available now from the Apple App Store. The update will be demonstrated at NAB Show ...

16/04/2026

SVG New Sponsor Spotlight: 4Wall Entertainment's Dave Caulwell on Scaling Live Event Production for Sports

As live sports production continues to expand across linear, digital, and in-ven...

16/04/2026

ESPN Enters First HDR Postseason With REMCO Support in New Bristol-Based Control Rooms

Part of an infrastructure upgrade, the recently constructed spaces accommodate n...

16/04/2026

NBC Sports Tips Off First NBA Playoffs Campaign in 23 Years With Six-Truck Fleet, Interchangeable Production Model

NBC has added NEP's Supershooter 11, which only just came online in time for...

16/04/2026

Introducing a Smarter, Smoother Experience for Tablets

At Spotify, we want your experience to feel intuitive and personal across every moment of the day. Whether you're streaming your favorite playlist while you...

16/04/2026

Telsie T - SonicWorlds extended classic German Equaliser

Vintage broadcast experts release second plug-in Telsie T is the second plug-in to be released by SonicWorld, a German audio company who specialise in servi...

16/04/2026

Softube unveil Flow Studio

Compact unit offers hands-on plug-in control Softube have just announced the launch of their latest hardware unit, the Flow Studio. Housed in a compact desk...

16/04/2026

Fiedler Audio release Armada

Use any VST3 plug-in on immersive audio Fiedler Audio have just released a powerful new plug-in wrapper that brings full VST3 processing to Dolby Atmos and ...

16/04/2026

Nugen Audio update Halo Vision

Analysis plug-in gains enhanced frequency readouts Nugen Audio's real-time analysis plug-in has just received a significant update that introduces some ...

16/04/2026

GearExpo UK Announced

Recording & Music Technology Show Sound On Sound are pleased to announce a new recording and music technology exhibition taking place in London on Saturday ...

16/04/2026

SBS reveals all-star alumni team to celebrate 70 years of the Eurovision Song Contest

SBS reveals all-star alumni team to celebrate 70 years of the Eurovision Song Co...

16/04/2026

Reimagining Earth Measurement for the AI Era: L3Harris and Xoople Develop a New Spaceborne Capability

For decades, understanding the physical world from space has required a trade-of...

16/04/2026

Locality and Nielsen Announce Landmark Integration of Media Data Engine, Transforming Local TV Measurement

The integration accelerates demographic audience delivery across local markets a...

16/04/2026

Quickplay Deploys Gray Medias New Streaming Platform

Share Copy link Facebook X Linkedin Bluesky Email...

16/04/2026

Spectrum TV App Launches On Google TV and Other Android TV Devices

Share Copy link Facebook X Linkedin Bluesky Email...

16/04/2026

Telestream Enables Multi-Cloud Media Workflows with Oracl...

Telestream Cloud Services, including Vantage Cloud, UP, and SENTRY monitoring tools, are now optimized for OCI, powering flexible multi-cloud media orchestratio...

16/04/2026

Fox Corporation Names Amazon Web Services its Preferred A...

Fox Corporation (Nasdaq: FOXA, FOX; FOX or the Company ) today announced a strategic collaboration with Amazon Web Services (AWS), naming AWS as its preferre...

16/04/2026

Triveni Digital Introduces New StreamScope Analyzer to Br...

Triveni Digital, a trusted leader in ATSC 1.0 and 3.0 service delivery, data broadcasting, and quality assurance solutions, today announced an ISDB-Tb capabilit...

16/04/2026

Synamedia and SoFast team up to accelerate FAST and OTT

Synamedia and SoFast announce strategic go-to-market partnership to accelerate FAST, pay-TV, and VOD At the NAB Show 2026, Synamedia and SoFast are announcing ...

16/04/2026

Imagine Builds on a Decade of ST 2110 Leadership at 2026...

Showcases New, Open-Standard IP Solutions Across Its Portfolio, From Production to Playout Imagine Communications is marking a decade of leadership in ST 2110 ...

16/04/2026

Roku Marks 100M Milestone

Share Copy link Facebook X Linkedin Bluesky Email...

16/04/2026

Sportway and Broadcast Solutions acquire Studio Automated...

Sportway Media Group, a world leading AI-automated sports production company and Broadcast Solutions, a leading system integrator and provider of innovative sol...

16/04/2026

AJA to Acquire Video Encoding Software Company Comprimato

Share Copy link Facebook X Linkedin Bluesky Email...

16/04/2026

NAB Show 2026: Sony Announces New Cameras, Virtual Production Tools

Share Copy link Facebook X Linkedin Bluesky Email...

16/04/2026

Synamedia launches GO Shorts

Share Copy link Facebook X Linkedin Bluesky Email...

16/04/2026

Clear-Com Introduces Arcadia and Eclipse HX Updates

Share Copy link Facebook X Linkedin Bluesky Email...

16/04/2026

AJA Enters into Agreement to Acquire Video Encoding Software Company Comprimato

AJA Enters into Agreement to Acquire Video Encoding Software Company Comprimato Brie Clayton April 15, 2026 0 Comments Deal will expand AJA's video ...

16/04/2026

Deity Announces PR-4 Compact Field Recorder with Pre-Orders Launching April 14

Deity Announces PR-4 Compact Field Recorder with Pre-Orders Launching April 14 Brie Clayton April 15, 2026 0 Comments Deity Microphones today announce...