
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 ...
07/10/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
03/09/2026
With the industry increasingly embracing hybrid, software-defined production models, Calrec will preview a series of Argo and ImPulseV software enhancements at ...
03/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/09/2026
Recognizing the ever-increasing demands for media throughput in challenging environments like post-production, two leaders in network technology have worked tog...
03/09/2026
EVS, a leader in live video technology and production infrastructure solutions, and Matrox Video, a leader in software-defined media technology and IP-based vid...
03/09/2026
AJA Debuts OG-FiDO-4 openGear Four-Channel SDI/Fiber Conversion Cards
Brie Clayton September 3, 2026
0 Comments
New product family expands 12G-SDI and...
03/09/2026
Nice Touch launches V2 of its AI edit assistant for professional editors
Brie Clayton September 3, 2026
0 Comments
Built by two editors with twelve ye...
03/09/2026
Accedo, a global provider of video streaming software and services, and MediaKind, a world-leading video technology company and the number one independent provi...
03/09/2026
International research from Big Blue Marble puts a consumer churn number against a technical failure, and sets out what streaming providers must fix before 2030...
03/09/2026
High-performance points of presence power video streaming delivery to large audiences across Latin America with guaranteed quality of experience
Broadpeak , a ...
03/09/2026
Dalet, a leading technology and service provider for media-rich organizations, will unveil the next evolution of Dalia at IBC2026 (7.A43), its media-aware agent...
03/09/2026
CGI (TSX: GIB.A) (NYSE: GIB), one of the world's largest independent IT and business consulting services firms, will showcase CGI OpenMedia Evolve and CGI d...
03/09/2026
LiveU is participating in the IBC Accelerator Incubator 2026: Smart Stories The New Knowledge Architecture for Content Production, an industry-wide initiative...
03/09/2026
Broadcast Solutions, a leading systems integrator and provider of innovative solutions for the broadcast and media industry, has taken another major step in its...
03/09/2026
Quortex today announced that it will showcase how it is accelerating innovation and the transition to IP at IBC 2026. The company will debut its newest intellig...
03/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
03/09/2026
The EZDRM approach to Revenue Security on streaming video can be visualized as a multi-dimensional set of solutions. A growing dimension of that approach is the...
03/09/2026
From field capture to management, control and production, Kiloview will demonstrate one connected Hybrid AV-over-IP workflow including a complete 4RU producti...
03/09/2026
Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, today announced Mediagenix Curation, a new...
03/09/2026
LucidLink, the Emmy-winning cloud-native file streaming platform for instant, secure access to large files, today announced the next step in its vision to make ...
03/09/2026
Fraudulent communications purportedly from Screen Australia 3 September 2026
Screen Australia is aware of scam attempts involving fake emails and promotional m...
03/09/2026
AJA Introduces FS8, Next-Gen 12G-SDI/SMPTE ST 2110 Media Processor
Brie Clayton September 2, 2026
0 Comments
AJA Video Systems unveiled FS8, a video a...
03/09/2026
Shooting Deadheading with Blackmagic URSA Cine 12K LF
Brie Clayton September 2, 2026
0 Comments
Bringing a small story to the big screen with dark com...
03/09/2026
OOONA Launches OOONA Go: Professional Localization Management for Small Companie...
03/09/2026
DURHAM, N.C. - East of Texas Durham has officially opened its doors at American ...
03/09/2026
Comscore Expands Its AI Intelligence to Measure Sponsored Chat Advertising and I...
03/09/2026
First Class Takes is a new six-part series for RT KIDS that captures funny, hon...
03/09/2026
September is here with 26 more games streaming on GeForce NOW this month, led by a slam dunk: NBA 2K27 with the NVIDIA DLSS 5 3D-Guided Neural Rendering feature...
02/09/2026
Professional and collegiate clubs, leading vendors discuss current trends in stadium production
On. Aug. 12, the 2026 SVG Venues & Teams Summit explored the ev...
02/09/2026
SoFi Stadium, YouTube Theater, and Hollywood Park have completed an infrastructure upgrade expanding game presentation and broadcast production capabilities acr...
02/09/2026
Comcast Technology Solutions (CTS) has announced a suite of AI-powered workflow applications for broadcasters, content owners, and operators, built on its Video...
02/09/2026
The North American Broadcasters Association (NABA) and the Association of Professional Wireless Production Technologies (APWPT) have announced a partnership to ...
02/09/2026
Carolina Hurricanes, Anaheim Ducks, Columbus Blue Jackets, Dallas Stars, Minneso...
02/09/2026
New LED provides enhanced quality control, quicker show prep, detailed productio...
02/09/2026
Combines the Phat Drive with high-voltage valve circuit
The latest pedal from Keeley Electronics combines their popular Phat Mode drive pedal with an all-ne...
02/09/2026
Free version of virtual mixing room plug-in introduced
Lewitt's Space Replicator plug-in provides users with a virtual monitoring environment that aims ...
02/09/2026
Two new mixing & mastering plug-ins revealed
AIR Music Tech have just introduced the Stereophonic Bundle, a pair of processing plug-ins designed to provide ...
02/09/2026
Rohde & Schwarz has achieved initial verification of 3GPP Rel. 17 power-saving f...
02/09/2026
Bilbao - 3rd September 2026 -AgileTV, a leading provider of end-to-end TV and vi...
02/09/2026
Why agentic media supply chains need experience design built around visibility, reversibility and human authority
When AI can generate a functional interface ...
02/09/2026
Six-country survey finds 26% of sports fans frequently unable to determine where...
02/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...